Matter of Derrick R.

Matter of Derrick R. 2010 NY Slip Op 03242 [72 AD3d 555] April 22, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 9, 2010

In the Matter of Derrick R., a Person Alleged to be a Juvenile Delinquent, Appellant.

—[*1] Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), Law Guardian. Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondent.

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about July 2, 2009, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of grand larceny in the fourth degree and jostling, and placed him on probation for a period of 15 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 its determinations that the victim's identification testimony was reliable, and that the alibi witness's testimony did not raise a reasonable doubt as to appellant's guilt, since the witness based her testimony primarily on her knowledge of appellant's normal routine and could have been mistaken about the particular day of the incident. Concur—Tom, J.P., Mazzarelli, Acosta, DeGrasse and Richter, JJ.