In re Von T.

Appellate Division of the Supreme Court of New York

In re Von T.

260 A.D.2d 293, 687 N.Y.S.2d 255, 1999 N.Y. App. Div. LEXIS 4407

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

DecidedApril 27, 1999

StatusPublished

Cited by1 cases

This text of 260 A.D.2d 293 (In re Von T.) 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 Von T., 260 A.D.2d 293, 687 N.Y.S.2d 255, 1999 N.Y. App. Div. LEXIS 4407 (N.Y. Ct. App. 1999).

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Opinion

—Order of disposition, Family Court, Bronx County (Ruth Zuckerman, J.), entered on or about November 7, 1997, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that appellant committed acts which, if committed by an adult, would constitute the crimes of attempted grand larceny in the fourth degree, criminal mischief in the fourth degree, possession of burglar’s tools and attempted petit larceny, and placed him with the Division for Youth for 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. We see no reason to disturb the court’s credibility determinations. Given these determinations, there was ample evidence from which the court could reasonably conclude that appellant acted as a lookout, albeit an unsuccessful lookout, and was not merely observing a crime. We have considered and rejected appellant’s remaining claims. Concur — Ellerin, P. J., Sullivan, Wallach, Lerner and Buckley, JJ.

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—Order of disposition, Family Court, Bronx County (Ruth Zuckerman, J.), entered on or about November 7, 1997, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that appellant committed acts which, if committed by an adult, would constitute the crimes of attempted grand larceny in the fourth degree, criminal mischief in the fourth degree, possession of burglar’s tools and attempted petit larceny, and placed him with the Division for Youth for 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. We see no reason to disturb the court’s credibility determinations. Given these determinations, there was ample evidence from which the court could reasonably conclude that appellant acted as a lookout, albeit an unsuccessful lookout, and was not merely observing a crime. We have considered and rejected appellant’s remaining claims. Concur — Ellerin, P. J., Sullivan, Wallach, Lerner and Buckley, JJ.

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Bluebook (online)

260 A.D.2d 293, 687 N.Y.S.2d 255, 1999 N.Y. App. Div. LEXIS 4407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-von-t-nyappdiv-1999.

Opinion

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