Matter of Dimetreus A.

Matter of Dimetreus A. 2009 NY Slip Op 01918 [60 AD3d 524] March 19, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 6, 2009

In the Matter of Dimetreus A., a Person Alleged to be a Juvenile Delinquent, Appellant.

—[*1] Steven N. Feinman, White Plains, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Dona B. Morris of counsel), for presentment agency.

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about June 12, 2008, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he had committed acts which, if committed by an adult, would constitute the crimes of attempted robbery in the first and second degrees and menacing in the second 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 Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court's decision to credit the complainant's testimony and not that of appellant. Concur—Tom, J.P., Saxe, Sweeny, Acosta and Freedman, JJ.