In re Kelvin G.

Appellate Division of the Supreme Court of New York

In re Kelvin G.

26 A.D.3d 208, 808 N.Y.S.2d 895

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

DecidedFebruary 9, 2006

StatusPublished

This text of 26 A.D.3d 208 (In re Kelvin 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.

Bluebook

In re Kelvin G., 26 A.D.3d 208, 808 N.Y.S.2d 895 (N.Y. Ct. App. 2006).

Pincite

Opinion

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about July 29, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he had committed acts which, if committed by an adult, would have constituted the crimes of burglary in the third degree, criminal mischief in the fourth degree, petit larceny, criminal possession of stolen property in the fifth degree and criminal trespass in the third 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 and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the court’s determinations concerning identification and credibility. The evidence, including the witness’s observations of appellant and his twin brother prior to the burglary, supports the conclusion that both twins committed the crime. Concur— Andrias, J.P., Friedman, Marlow, Catterson and Malone, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about July 29, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he had committed acts which, if committed by an adult, would have constituted the crimes of burglary in the third degree, criminal mischief in the fourth degree, petit larceny, criminal possession of stolen property in the fifth degree and criminal trespass in the third 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 and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the court’s determinations concerning identification and credibility. The evidence, including the witness’s observations of appellant and his twin brother prior to the burglary, supports the conclusion that both twins committed the crime. Concur— Andrias, J.P., Friedman, Marlow, Catterson and Malone, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

26 A.D.3d 208, 808 N.Y.S.2d 895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kelvin-g-nyappdiv-2006.

Opinion

Related

Cite This Page — Counsel Stack