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In re Vinson J.

Supreme Court of New York, First Department

May 14, 2013

In re Vinson J., A Person Alleged to be a Juvenile Delinquent, Appellant.

Presentment Agency

Israel P. Inyama, New York, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Jonathan A. Popolow of counsel), for presentment agency.

Friedman, J.P., Richter, Feinman, Gische, Clark, JJ.

Order, Family Court, Bronx County (Jeanette Ruiz, J.), entered on or about May 9, 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 robbery in the second and third degrees, assault in the second and third degrees and criminal possession of stolen property in the fifth degree, and placed him on probation for a period of 12 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 N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the court's credibility determinations, including its evaluation of any inconsistencies in testimony.

A juvenile delinquency adjudication with probation was the least restrictive dispositional alternative consistent with appellant's needs and the community's need for protection ( see Matter of Katherine W., 62 N.Y.2d 947 [1984]), given the serious and violent nature of the underlying offense, as well as appellant's poor academic and attendance record at school. These factors outweighed appellant's lack of a prior record and the other mitigating factors he cites.


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