In re Mamadou B.

Appellate Division of the Supreme Court of New York

In re Mamadou B.

18 A.D.3d 220, 793 N.Y.S.2d 764, 2005 N.Y. App. Div. LEXIS 4744

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

DecidedMay 3, 2005

StatusPublished

This text of 18 A.D.3d 220 (In re Mamadou B.) 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 Mamadou B., 18 A.D.3d 220, 793 N.Y.S.2d 764, 2005 N.Y. App. Div. LEXIS 4744 (N.Y. Ct. App. 2005).

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Opinion

— Order of disposition, Family Court, Bronx County (Alma Cordova, J.), entered on or about March 25, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute grand larceny in the fourth degree, criminal possession of stolen property in the fourth degree, petit larceny, criminal mischief in the fourth degree, and possession of burglar’s tools, and placed him with the Office of Children and Family Services for a period of 12 months, unanimously affirmed, without costs.

The court’s findings were based on legally sufficient evidence and were not against the weight of the evidence. Issues of credibility, including the weight to be given to any alleged inconsistencies in testimony, were properly considered by the court and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). Concur — Mazzarelli, J.P, Sullivan, Ellerin, Gonzalez and Sweeny, JJ.

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— Order of disposition, Family Court, Bronx County (Alma Cordova, J.), entered on or about March 25, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute grand larceny in the fourth degree, criminal possession of stolen property in the fourth degree, petit larceny, criminal mischief in the fourth degree, and possession of burglar’s tools, and placed him with the Office of Children and Family Services for a period of 12 months, unanimously affirmed, without costs.

The court’s findings were based on legally sufficient evidence and were not against the weight of the evidence. Issues of credibility, including the weight to be given to any alleged inconsistencies in testimony, were properly considered by the court and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). Concur — Mazzarelli, J.P, Sullivan, Ellerin, Gonzalez and Sweeny, JJ.

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Bluebook (online)

18 A.D.3d 220, 793 N.Y.S.2d 764, 2005 N.Y. App. Div. LEXIS 4744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mamadou-b-nyappdiv-2005.

Opinion

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