In re Jondalle P.

Appellate Division of the Supreme Court of New York

In re Jondalle P.

21 A.D.3d 835, 801 N.Y.S.2d 152

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

DecidedSeptember 27, 2005

StatusPublished

This text of 21 A.D.3d 835 (In re Jondalle P.) 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 Jondalle P., 21 A.D.3d 835, 801 N.Y.S.2d 152 (N.Y. Ct. App. 2005).

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Opinion

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about March 22, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of criminal possession of marijuana in the fifth degree, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence [836]*836and was not against the weight of the evidence. There is no basis for disturbing the court’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). The officer’s observations warranted the conclusion that appellant was in possession of marijuana in a public place, and that the marijuana was open to public view (see Penal Law § 221.10 [1]; Matter of Michael I., 309 AD2d 598 [2003]).

We have considered and rejected appellant’s remaining arguments. Concur—Buckley, P.J., Mazzarelli, Andrias, Saxe and Williams, JJ.

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Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about March 22, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of criminal possession of marijuana in the fifth degree, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence [836]*836and was not against the weight of the evidence. There is no basis for disturbing the court’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). The officer’s observations warranted the conclusion that appellant was in possession of marijuana in a public place, and that the marijuana was open to public view (see Penal Law § 221.10 [1]; Matter of Michael I., 309 AD2d 598 [2003]).

We have considered and rejected appellant’s remaining arguments. Concur—Buckley, P.J., Mazzarelli, Andrias, Saxe and Williams, JJ.

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Bluebook (online)

21 A.D.3d 835, 801 N.Y.S.2d 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jondalle-p-nyappdiv-2005.

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