Matter of Josue L.

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Matter of Josue L. 2012 NY Slip Op 07185 Decided on October 25, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 25, 2012
Gonzalez, P.J., Moskowitz, Acosta, Freedman, Abdus-Salaam, JJ.
8364

[*1]In re Josue L., A Person Alleged to be a Juvenile Delinquent, Appellant.

Presentment Agency


Tamara A. Steckler, The Legal Aid Society, New York (Selene
D'Alessio of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Diana
Lawless of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Jeanette Ruiz, J.), entered on or about March 26, 2012, 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 attempted assault in the third degree, criminal obstruction of breathing, grand larceny in the fourth degree, robbery in the third degree and criminal possession of stolen property in the fifth degree, and placed him on probation for nine 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 Bleakley, 60 NY2d 490, 495 [1987]). There is no basis for disturbing the court's determinations concerning credibility and identification. The victim was able to make a reliable identification, particularly because he had seen appellant in school hallways several times a week over a period of months.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 25, 2012

CLERK

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