In re Dwayne F.

Appellate Division of the Supreme Court of New York

In re Dwayne F.

117 A.D.3d 579, 985 N.Y.S.2d 571

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

DecidedMay 20, 2014

StatusPublished

This text of 117 A.D.3d 579 (In re Dwayne F.) 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 Dwayne F., 117 A.D.3d 579, 985 N.Y.S.2d 571 (N.Y. Ct. App. 2014).

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Opinion

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about February 13, 2013, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute attempted robbery in the second degree, attempted grand larceny in the fourth degree, and attempted assault in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s determinations concerning identification and credibility. The victim had a sufficient opportunity to observe appellant and made a reliable identification. We have considered and rejected appellant’s remaining arguments.

Concur — Mazzarelli, J.E, Acosta, Andrias, Saxe and Clark, JJ.

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Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about February 13, 2013, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute attempted robbery in the second degree, attempted grand larceny in the fourth degree, and attempted assault in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s determinations concerning identification and credibility. The victim had a sufficient opportunity to observe appellant and made a reliable identification. We have considered and rejected appellant’s remaining arguments.

Concur — Mazzarelli, J.E, Acosta, Andrias, Saxe and Clark, JJ.

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Bluebook (online)

117 A.D.3d 579, 985 N.Y.S.2d 571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dwayne-f-nyappdiv-2014.

Opinion

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