In re Marcus C.

Appellate Division of the Supreme Court of New York

In re Marcus C.

308 A.D.2d 420, 764 N.Y.S.2d 824, 2003 N.Y. App. Div. LEXIS 9986

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

DecidedSeptember 30, 2003

StatusPublished

This text of 308 A.D.2d 420 (In re Marcus 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 Marcus C., 308 A.D.2d 420, 764 N.Y.S.2d 824, 2003 N.Y. App. Div. LEXIS 9986 (N.Y. Ct. App. 2003).

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Opinion

—Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about April 5, 2002, 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 criminal trespass in the second and third degrees, menacing in the second and third degrees and criminal [421]*421mischief in the fourth degree, and placed him with the 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 (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the court’s determinations concerning identification and credibility. The victim had a sufficient opportunity to observe appellant and was able to make a reliable identification.

We have considered and rejected appellant’s remaining claims. Concur — Tom, J.P., Sullivan, Rosenberger, Lerner and Friedman, JJ.

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—Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about April 5, 2002, 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 criminal trespass in the second and third degrees, menacing in the second and third degrees and criminal [421]*421mischief in the fourth degree, and placed him with the 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 (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the court’s determinations concerning identification and credibility. The victim had a sufficient opportunity to observe appellant and was able to make a reliable identification.

We have considered and rejected appellant’s remaining claims. Concur — Tom, J.P., Sullivan, Rosenberger, Lerner and Friedman, JJ.

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Bluebook (online)

308 A.D.2d 420, 764 N.Y.S.2d 824, 2003 N.Y. App. Div. LEXIS 9986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marcus-c-nyappdiv-2003.

Opinion

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