Matter of Nicholas J.

132 A.D.3d 486, 17 N.Y.S.3d 642

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 15, 2015
• Docket: 15793
• Status: Published

Opinion

Order, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about August 8, 2013, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of robbery in the second degree, grand larceny in the fourth degree, criminal possession of stolen property in the fifth degree and menacing in the third degree, and placed him on probation for a period of 18 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 Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. Appellant’s missing witness argument is unpreserved, and in any event it does not warrant a different conclusion regarding the sufficiency and weight of the evidence.

Concur — Acosta, J.P., Renwick, Moskowitz and Manzanet-Daniels, JJ.