In re Christopher M.

Appellate Division of the Supreme Court of New York

In re Christopher M.

301 A.D.2d 449, 753 N.Y.S.2d 368, 2003 N.Y. App. Div. LEXIS 395

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

DecidedJanuary 23, 2003

StatusPublished

This text of 301 A.D.2d 449 (In re Christopher M.) 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 Christopher M., 301 A.D.2d 449, 753 N.Y.S.2d 368, 2003 N.Y. App. Div. LEXIS 395 (N.Y. Ct. App. 2003).

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Opinion

—Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about October 20, 2000, which adjudicated [450]*450appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of robbery in the second degree, grand larceny in the fourth degree and criminal possession of stolen property in the fifth degree, and placed him in the custody of the New York State Office of Children and Family Services in a limited secure facility 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. Issues of credibility, including the weight to be given to the minor inconsistencies in the victim’s testimony, were properly considered by the court and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94).

The court conducted a proper dispositional hearing, at which it accorded appellant an opportunity to present evidence. The court, which had ample information before it, properly exercised its discretion in denying appellant’s vague application for a continuance to call an unspecified witness employed at appellant’s place of confinement. Concur — Mazzarelli, J.P., Saxe, Sullivan, Williams and Gonzalez, JJ.

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—Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about October 20, 2000, which adjudicated [450]*450appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of robbery in the second degree, grand larceny in the fourth degree and criminal possession of stolen property in the fifth degree, and placed him in the custody of the New York State Office of Children and Family Services in a limited secure facility 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. Issues of credibility, including the weight to be given to the minor inconsistencies in the victim’s testimony, were properly considered by the court and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94).

The court conducted a proper dispositional hearing, at which it accorded appellant an opportunity to present evidence. The court, which had ample information before it, properly exercised its discretion in denying appellant’s vague application for a continuance to call an unspecified witness employed at appellant’s place of confinement. Concur — Mazzarelli, J.P., Saxe, Sullivan, Williams and Gonzalez, JJ.

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Bluebook (online)

301 A.D.2d 449, 753 N.Y.S.2d 368, 2003 N.Y. App. Div. LEXIS 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-christopher-m-nyappdiv-2003.

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