Matter of Daniel C.

Matter of Daniel C. 2007 NY Slip Op 09542 [46 AD3d 259] December 4, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

In the Matter of Daniel C., a Person Alleged to be a Juvenile Delinquent, Appellant.

—[*1] Tamara A. Steckler, The Legal Aid Society, New York City (Claire V. Merkine of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Drake A. Colley of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Nelida Malave-Gonzalez, J.), entered on or about December 21, 2006, 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 unauthorized use of a vehicle in the third degree and possession of burglar's tools, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792, 793 [1987]; Matter of Denzel F., 44 AD3d 389, 389 [2007]), and according Family Court's credibility and factual determinations the same weight as a jury verdict (see id.; Matter of Michael D., 109 AD2d 633, 634 [1985], affd for reasons stated below 66 NY2d 843 [1985]), we conclude that the findings of fact on which appellant's delinquency adjudication was based were supported by sufficient evidence (see People v Roby, 39 NY2d 69 [1976]; People v McCaleb, 25 NY2d 394 [1969]). We also find that the court's findings comported with the weight of the evidence. Accordingly, the order of disposition must be affirmed. Concur—Mazzarelli, J.P., Saxe, Friedman, Marlow and Williams, JJ.