Matter of Shamarie S.

Appellate Division of the Supreme Court of New York

Matter of Shamarie S.

2017 NY Slip Op 2730, 149 A.D.3d 443, 52 N.Y.S.3d 305

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

DecidedApril 6, 2017

Docket3642

StatusPublished

This text of 2017 NY Slip Op 2730 (Matter of Shamarie S.) 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

Matter of Shamarie S., 2017 NY Slip Op 2730, 149 A.D.3d 443, 52 N.Y.S.3d 305 (N.Y. Ct. App. 2017).

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Opinion

Order of disposition, Family Court, New York County (Gayle P. Roberts, J.), entered on or about December 7, 2015, 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 petit larceny, criminal mischief in the fourth degree, criminal possession of stolen property in the fifth degree and attempted assault in the third degree, unanimously modified, on the facts and as a matter of discretion in the interest of justice, to the extent of vacating the criminal mischief finding and dismissing that count of the petition, and otherwise affirmed, without costs.

Except as indicated, 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. Although the court dismissed some of the charges, as the trier of fact it was entitled to disregard so much of the victim’s testimony that it found was untruthful, and accept so much of it as it found to have been truthful and accurate.

However, we dismiss the criminal mischief charge, based on a theory of recklessness, because there was no evidence that *444 the neck chain taken from the victim was damaged in the amount of $250 (see Penal Law § 145.00 [3]).

Concur — Renwick, J.P., Mazzarelli, Manzanet-Daniels and Webber, JJ.

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Order of disposition, Family Court, New York County (Gayle P. Roberts, J.), entered on or about December 7, 2015, 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 petit larceny, criminal mischief in the fourth degree, criminal possession of stolen property in the fifth degree and attempted assault in the third degree, unanimously modified, on the facts and as a matter of discretion in the interest of justice, to the extent of vacating the criminal mischief finding and dismissing that count of the petition, and otherwise affirmed, without costs.

Except as indicated, 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. Although the court dismissed some of the charges, as the trier of fact it was entitled to disregard so much of the victim’s testimony that it found was untruthful, and accept so much of it as it found to have been truthful and accurate.

However, we dismiss the criminal mischief charge, based on a theory of recklessness, because there was no evidence that *444 the neck chain taken from the victim was damaged in the amount of $250 (see Penal Law § 145.00 [3]).

Concur — Renwick, J.P., Mazzarelli, Manzanet-Daniels and Webber, JJ.

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Bluebook (online)

2017 NY Slip Op 2730, 149 A.D.3d 443, 52 N.Y.S.3d 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-shamarie-s-nyappdiv-2017.

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