In re Damian G.

Appellate Division of the Supreme Court of New York

In re Damian G.

256 A.D.2d 174, 683 N.Y.S.2d 425, 1998 N.Y. App. Div. LEXIS 13711

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

DecidedDecember 17, 1998

StatusPublished

Cited by1 cases

This text of 256 A.D.2d 174 (In re Damian G.) 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.

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In re Damian G., 256 A.D.2d 174, 683 N.Y.S.2d 425, 1998 N.Y. App. Div. LEXIS 13711 (N.Y. Ct. App. 1998).

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Opinion

—Order of disposition, Family Court, New York County (Richard Ross, J.), entered on or about August 25, 1997, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he had committed acts which, if committed by an adult, would constitute the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree, and placed him in a limited secure facility with the Division for Youth for 18 months, unanimously affirmed, without costs.

The court’s findings were based on legally sufficient evidence and were not against the weight of the evidence despite the fact that no money was recovered from defendant upon his arrest after the sale of drugs to the undercover officer. We see no reason to disturb the court’s determinations concerning the reliability of identification testimony. Concur — Nardelli, J. P., Wallach, Rubin and Williams, JJ.

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—Order of disposition, Family Court, New York County (Richard Ross, J.), entered on or about August 25, 1997, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he had committed acts which, if committed by an adult, would constitute the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree, and placed him in a limited secure facility with the Division for Youth for 18 months, unanimously affirmed, without costs.

The court’s findings were based on legally sufficient evidence and were not against the weight of the evidence despite the fact that no money was recovered from defendant upon his arrest after the sale of drugs to the undercover officer. We see no reason to disturb the court’s determinations concerning the reliability of identification testimony. Concur — Nardelli, J. P., Wallach, Rubin and Williams, JJ.

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256 A.D.2d 174, 683 N.Y.S.2d 425, 1998 N.Y. App. Div. LEXIS 13711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-damian-g-nyappdiv-1998.

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