In re Josue L.

Appellate Division of the Supreme Court of New York

In re Josue L.

99 A.D.3d 612, 952 N.Y.2d 872

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

DecidedOctober 25, 2012

StatusPublished

This text of 99 A.D.3d 612 (In re Josue L.) 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 Josue L., 99 A.D.3d 612, 952 N.Y.2d 872 (N.Y. Ct. App. 2012).

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Opinion

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495 [1987]). There is no basis for disturbing the court’s determinations concerning credibility and identification. The victim was able to make a reliable identification, particularly because he had seen appellant in school hallways several times a week over a period of months. Concur— Gonzalez, EJ., Moskowitz, Acosta, Freedman and Abdus-Salaam, JJ.

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The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495 [1987]). There is no basis for disturbing the court’s determinations concerning credibility and identification. The victim was able to make a reliable identification, particularly because he had seen appellant in school hallways several times a week over a period of months. Concur— Gonzalez, EJ., Moskowitz, Acosta, Freedman and Abdus-Salaam, JJ.

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Bluebook (online)

99 A.D.3d 612, 952 N.Y.2d 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-josue-l-nyappdiv-2012.

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