In re Carlos E.

Appellate Division of the Supreme Court of New York

In re Carlos E.

262 A.D.2d 130, 691 N.Y.S.2d 517, 1999 N.Y. App. Div. LEXIS 6741

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1999

StatusPublished

Cited by1 cases

This text of 262 A.D.2d 130 (In re Carlos E.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Carlos E., 262 A.D.2d 130, 691 N.Y.S.2d 517, 1999 N.Y. App. Div. LEXIS 6741 (N.Y. Ct. App. 1999).

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Opinion

—Order of disposition, Family Court, Bronx County (Harold Lynch, J.), entered on or about January 8, 1998, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crime of criminal possession of a controlled substance in the third degree, and placed him with the New York Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the court’s credibility determinations, which are supported by the record. Given these determinations, the evidence permitted a reasonable inference that appellant, who twice retrieved “small objects” from a nearby hole in the sidewalk for sale to two separate passersby, constructively possessed the vials of crack cocaine found in the hole moments later by arresting narcotics officers (see, People v Walker, 234 AD2d 962, lv denied 89 NY2d 1042). Concur — Rosenberger, J. P., Tom, Rubin, Saxe and Buckley, JJ.

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—Order of disposition, Family Court, Bronx County (Harold Lynch, J.), entered on or about January 8, 1998, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crime of criminal possession of a controlled substance in the third degree, and placed him with the New York Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the court’s credibility determinations, which are supported by the record. Given these determinations, the evidence permitted a reasonable inference that appellant, who twice retrieved “small objects” from a nearby hole in the sidewalk for sale to two separate passersby, constructively possessed the vials of crack cocaine found in the hole moments later by arresting narcotics officers (see, People v Walker, 234 AD2d 962, lv denied 89 NY2d 1042). Concur — Rosenberger, J. P., Tom, Rubin, Saxe and Buckley, JJ.

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Bluebook (online)

262 A.D.2d 130, 691 N.Y.S.2d 517, 1999 N.Y. App. Div. LEXIS 6741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-carlos-e-nyappdiv-1999.

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