Opinion
CAF 03-01345.
November 21, 2003.
Appeal from an order of Family Court, Monroe County (Sciolino, J.), entered October 11, 2002, which adjudged that respondent is a juvenile delinquent.
Ardeth L. Houde, Law Guardian, Rochester, for Respondent-Appellant.
Charles S. Turner, County Attorney, Rochester (Scott William Westervelt of Counsel), Petitioner-Respondent Pro Se.
Before: Present: Green, J.P., Wisner, Hurlbutt, Kehoe, and Hayes, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Contrary to respondent's contentions, the testimony of the three principal witnesses is not incredible as a matter of law, and thus we conclude that the evidence is legally sufficient to prove beyond a reasonable doubt that respondent committed the acts alleged in the petition ( see Matter of Zachary K., 299 A.D.2d 755, 756-757; Matter of Kryzstof K., 283 A.D.2d 431, 432; Matter of Isaac Q., 217 A.D.2d 410, 411). Moreover, upon the exercise of our independent power of factual review, we are satisfied that Family Court properly credited the testimony of the three principal witnesses and that its findings are not against the weight of the evidence ( see Matter of Anthony S., 305 A.D.2d 689, 690). We further reject the contention of respondent that his adjudication as a juvenile delinquent is "manifestly unfair" ( Matter of Jessie C., 164 A.D.2d 731, 736, appeal dismissed 78 N.Y.2d 907), and thus we refuse to dismiss the petition in furtherance of justice pursuant to Family Ct Act § 315.2 ( cf. Matter of Cerino P., 296 A.D.2d 868; Matter of Deborah C., 261 A.D.2d 138).