In re Timothy J.

Appellate Division of the Supreme Court of New York

In re Timothy J.

15 A.D.3d 154, 788 N.Y.S.2d 600, 2005 N.Y. App. Div. LEXIS 806

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

DecidedFebruary 1, 2005

StatusPublished

This text of 15 A.D.3d 154 (In re Timothy J.) 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 Timothy J., 15 A.D.3d 154, 788 N.Y.S.2d 600, 2005 N.Y. App. Div. LEXIS 806 (N.Y. Ct. App. 2005).

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Opinion

Order, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about January 8, 2004, 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 unauthorized use of a vehicle in the third degree, and placed him in the custody of the New York State Office of Children and Family Services for a period of up to 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 evidence establishes that appellant knew he lacked the owner’s consent to be in the car in question (see Matter of Raquel M., 99 NY2d 92 [2002]). The court properly discredited appellant’s explanations for his presence in, and flight from, the stolen car (see Matter of Joe A., 242 AD2d 509 [1997]). Concur— Buckley, EJ., Andrias, Nardelli, Gonzalez and Sweeny, JJ.

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Order, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about January 8, 2004, 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 unauthorized use of a vehicle in the third degree, and placed him in the custody of the New York State Office of Children and Family Services for a period of up to 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 evidence establishes that appellant knew he lacked the owner’s consent to be in the car in question (see Matter of Raquel M., 99 NY2d 92 [2002]). The court properly discredited appellant’s explanations for his presence in, and flight from, the stolen car (see Matter of Joe A., 242 AD2d 509 [1997]). Concur— Buckley, EJ., Andrias, Nardelli, Gonzalez and Sweeny, JJ.

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Bluebook (online)

15 A.D.3d 154, 788 N.Y.S.2d 600, 2005 N.Y. App. Div. LEXIS 806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-timothy-j-nyappdiv-2005.

Opinion

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