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In re Anthony S. (Anonymous)

Supreme Court of New York, Second Department

December 26, 2013

In the Matter of Anthony S. (Anonymous), appellant. Index No. D-16190/11

Maria J. Frank, Yorktown Heights, N.Y., for appellant.

Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro-Blanco and Linda M. Trentacoste of counsel), for respondent.

REINALDO E. RIVERA, J.P., PLUMMER E. LOTT, SANDRA L. SGROI, ROBERT J. MILLER, JJ.

DECISION & ORDER

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, Anthony S. appeals from an order of fact-finding and disposition of the Family Court, Westchester County (Malone, J.), entered March 2, 2012, which, after a hearing, found that he committed acts which, if committed by an adult, would have constituted the crimes of attempted robbery in the first degree, attempted robbery in the second degree, and menacing in the second degree, adjudged him to be a juvenile delinquent, and placed him in a limited secure facility for a period of 18 months with no credit for time served.

ORDERED that the appeal from so much of the order of fact-finding and disposition as placed the appellant in a limited secure facility for a period of 18 months with no credit for time served is dismissed as academic, without costs or disbursements, as the period of placement has expired (see Matter of Ronald T., 23 A.D.3d 567; Matter of Jerrol H., 19 A.D.3d 693); and it is further,

ORDERED that the order of fact-finding and disposition is affirmed insofar as reviewed, without costs or disbursements.

There is no merit to the appellant's claim, raised for the first time on appeal, that the Family Court lacked subject matter jurisdiction over the proceeding because the presentment agency failed to present evidence that the appellant was less than 16 years of age when he committed the acts alleged in the petition (see Matter of Deon L., 173 A.D.2d 469, 469-470; Matter of Anthony J., 143 A.D.2d 668).

Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 N.Y.2d 792, 793), we find that it was legally sufficient to prove beyond a reasonable doubt that the appellant committed acts which, if committed by an adult, would have constituted the crimes of attempted robbery in the first degree, attempted robbery in the second degree, and menacing in the second degree (see Penal Law §§ 110.00, 160.15[4]; 160.10[2][b]; 120.14[1]).

Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (cf. CPL 470.15[5]; People v Danielson, 9 N.Y.3d 342, 348), we nevertheless accord great deference to the opportunity of the trier of facts to view the witnesses, hear the testimony and observe demeanor (cf. People v Mateo, 2 N.Y.3d 383, 410, cert denied 542 U.S. 946; People v Bleakley, 69 N.Y.2d 490, 495). Upon reviewing the record here, we are satisfied that the Family Court's fact-finding determinations were not against the weight of the evidence (cf. People v Romero, 7 N.Y.3d 633).

The appellant's remaining contentions either are without merit or do not require reversal.

RIVERA, J.P., LOTT, SGROI and MILLER, JJ., concur.


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