Matter of Josue L.
2012 NY Slip Op 07185 [99 AD3d 612]
October 25, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


In the Matter of Josue L., a Person Alleged to be a Juvenile Delinquent, Appellant.

[*1] 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, 69 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. Concur—Gonzalez, P.J., Moskowitz, Acosta, Freedman and Abdus-Salaam, JJ.