Matter of Tiana R.
2005 NY Slip Op 07453 [22 AD3d 269]
October 11, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 14, 2005


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

[*1]Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered August 9, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed an act which, if committed by an adult, would constitute the crime of assault in the third degree, and placed her on probation for a period of 15 months, unanimously affirmed, without costs.

The court's finding was based upon legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility, including its weighing of conflicting testimony (see People v Gaimari, 176 NY 84, 94 [1903]). Concur—Buckley, P.J., Mazzarelli, Andrias, Friedman and Sweeny, JJ.