Matter of Theodore H.
2009 NY Slip Op 04353 [63 AD3d 446]
June 4, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


In the Matter of Theodore H., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Michael A. Cardozo, Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for presentment agency.

Order of disposition, Family Court, New York County (Jane Pearl, J.), entered on or about July 31, 2008, 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 attempted robbery in the second degree, attempted assault in the third degree and menacing in the third degree, and placed him with the Office of Children and Family Services for a period of 18 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 the court's determinations concerning credibility. There was ample evidence to corroborate the testimony of appellant's accomplice (see People v Caban, 5 NY3d 143, 155 [2005]). Concur—Andrias, J.P., Buckley, Moskowitz, DeGrasse and Richter, JJ.,