New York Supreme Court Appellate Division, First Department
October 11, 2012
IN RE MAHAMADOU H., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT. - PRESENTMENT AGENCY
Matter of Mahamadou H.
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 October 11, 2012
Andrias, J.P., Friedman, Moskowitz, Freedman, Manzanet-Daniels, JJ.
Order of disposition, Family Court, Bronx County (Jeanette Ruiz, J.), entered on or about January 5, 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 assault in the second degree, criminal possession of a weapon in the fourth degree and menacing in the third degree, and placed him on probation 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 ). There is no basis for disturbing the court's determinations concerning identification and credibility, including its finding that the victim had a sufficient opportunity to observe appellant and make a reliable identification.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 11, 2012
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