In re Lamont C.

Appellate Division of the Supreme Court of New York

In re Lamont C.

305 A.D.2d 184, 757 N.Y.S.2d 856, 2003 N.Y. App. Div. LEXIS 5248

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

DecidedMay 8, 2003

StatusPublished

This text of 305 A.D.2d 184 (In re Lamont C.) 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 Lamont C., 305 A.D.2d 184, 757 N.Y.S.2d 856, 2003 N.Y. App. Div. LEXIS 5248 (N.Y. Ct. App. 2003).

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Opinion

Order of disposition, Family Court, Bronx County (Myma Martinez-Perez, J.), entered on or about January 30, 2002, 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 in the custody of the State Office of Children and Family Services 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. There is no basis for disturbing the court’s determinations concerning credibility. 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 (Penal Law § 221.10; see Matter of Calvin R., 291 AD2d 346 [2002]). Concur — Mazzarelli, J.P., Saxe, Williams, Marlow and Gonzalez, JJ.

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Order of disposition, Family Court, Bronx County (Myma Martinez-Perez, J.), entered on or about January 30, 2002, 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 in the custody of the State Office of Children and Family Services 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. There is no basis for disturbing the court’s determinations concerning credibility. 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 (Penal Law § 221.10; see Matter of Calvin R., 291 AD2d 346 [2002]). Concur — Mazzarelli, J.P., Saxe, Williams, Marlow and Gonzalez, JJ.

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Bluebook (online)

305 A.D.2d 184, 757 N.Y.S.2d 856, 2003 N.Y. App. Div. LEXIS 5248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lamont-c-nyappdiv-2003.

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