New York Supreme and/or Appellate Courts Appellate Division, First Department
January 5, 2012
IN RE YUKIYU C., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT. PRESENTMENT AGENCY
Matter of Yukiyu C.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on January 5, 2012
Saxe J.P., Sweeny, Moskowitz, Manzanet-Daniels, Roman, JJ.
Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about November 29, 2010, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act that, if committed by an adult, would constitute the crime of criminal mischief in the fourth degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.
The court's finding was not against the weight of the evidence. There is no basis for disturbing the court's credibility determinations, including its resolution of alleged inconsistencies in testimony. The victim testified that he clearly saw appellant use a stick-like object to break an external security camera at his store. The fact that the stick was not recovered does not warrant setting aside the court's finding.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JANUARY 5, 2012
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