In re Kariem L.

Appellate Division of the Supreme Court of New York

In re Kariem L.

290 A.D.2d 368, 737 N.Y.S.2d 35, 2002 N.Y. App. Div. LEXIS 813

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

DecidedJanuary 29, 2002

StatusPublished

This text of 290 A.D.2d 368 (In re Kariem 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 Kariem L., 290 A.D.2d 368, 737 N.Y.S.2d 35, 2002 N.Y. App. Div. LEXIS 813 (N.Y. Ct. App. 2002).

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Opinion

Order of disposition, Family Court, Bronx County (Clark Richardson, J.), entered on or about January 28, 2000, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of attempted criminal sale of a controlled substance in the third degree, burglary in the second degree and assault in the second degree, and placed him with the New York State Office of Children and Family Services 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. There is no basis upon which to disturb the court’s determinations concerning credibility. The credible evidence established that appellant offered to sell heroin to the undercover officer, and that appellant had a quantity of glassine envelopes of heroin to sell, as observed by the undercover officer, although appellant managed to dispose of the drugs during a chase (see, People v Samuels, 282 AD2d 102, 106-108, lv granted 96 NY2d 909). The credible evidence also established the remaining charges. We have considered and rejected appellant’s remaining claims. Concur — Williams, J.P., Mazzarelli, Rosenberger, Wallach and Lerner, JJ.

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Order of disposition, Family Court, Bronx County (Clark Richardson, J.), entered on or about January 28, 2000, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of attempted criminal sale of a controlled substance in the third degree, burglary in the second degree and assault in the second degree, and placed him with the New York State Office of Children and Family Services 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. There is no basis upon which to disturb the court’s determinations concerning credibility. The credible evidence established that appellant offered to sell heroin to the undercover officer, and that appellant had a quantity of glassine envelopes of heroin to sell, as observed by the undercover officer, although appellant managed to dispose of the drugs during a chase (see, People v Samuels, 282 AD2d 102, 106-108, lv granted 96 NY2d 909). The credible evidence also established the remaining charges. We have considered and rejected appellant’s remaining claims. Concur — Williams, J.P., Mazzarelli, Rosenberger, Wallach and Lerner, JJ.

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Bluebook (online)

290 A.D.2d 368, 737 N.Y.S.2d 35, 2002 N.Y. App. Div. LEXIS 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kariem-l-nyappdiv-2002.

Opinion

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