Matter of Victoria J.

Matter of Victoria J. 2009 NY Slip Op 06775 [66 AD3d 408] October 1, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

In the Matter of Victoria J., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about August 7, 2008, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of robbery in the second degree and attempted assault in the second degree, and placed her with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The court's fact-finding determination 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 determinations concerning credibility and identification. The victim's testimony clearly established that appellant was not merely present at the scene of the robbery, but that she participated by punching and kicking the victim. Concur—Tom, J.P., Andrias, Nardelli, DeGrasse and Freedman, JJ.