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IN RE: WADER A., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Order of disposition, Family Court, Bronx County (Nelida Malave-Gonzalez, J.), entered on or about December 13, 2006, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he had committed acts which, if perpetrated by an adult, would constitute the crimes of unauthorized use of a vehicle in the third degree and possession of burglar's tools, and imposed a conditional discharge for a period of 12 months, unanimously affirmed, without costs.
Appellant's arguments concerning the sufficiency and weight of the evidence are similar to arguments this Court rejected on a companion appeal (Matter of Daniel C., 46 A.D.3d 259, 847 N.Y.S.2d 63 [2007] ), and there is no reason to reach a different result herein. There is no merit to appellant's argument that the supporting deposition was insufficient because it was only signed by the vehicle's lawful custodian, who was not the title holder (see Penal Law § 155.00[5] [owner includes any person with superior right of possession]; Matter of Michael S., 262 A.D.2d 6, 7, 693 N.Y.S.2d 97 [1999], lv. denied 94 N.Y.2d 752, 700 N.Y.S.2d 425, 722 N.E.2d 505 [1999] ).
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Decided: January 03, 2008
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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