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IN RE: DANIEL C., 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 21, 2006, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of unauthorized use of a vehicle in the third degree and possession of burglar's tools, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.
Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 N.Y.2d 792, 793, 513 N.Y.S.2d 111, 505 N.E.2d 621 [1987]; Matter of Denzel F., 44 A.D.3d 389, 389, 843 N.Y.S.2d 60 [1st Dept.2007] ), and according Family Court's credibility and factual determinations the same weight as a jury verdict (see id., 44 A.D.3d 389, 389; Matter of Michael D., 109 A.D.2d 633, 634, 486 N.Y.S.2d 213 [1985], affd. for reasons stated below 66 N.Y.2d 843, 498 N.Y.S.2d 365, 489 N.E.2d 252 [1985] ), we conclude that the findings of fact on which appellant's delinquency adjudication was based were supported by sufficient evidence (see People v. Roby, 39 N.Y.2d 69, 382 N.Y.S.2d 739, 346 N.E.2d 540 [1976]; People v. McCaleb, 25 N.Y.2d 394, 306 N.Y.S.2d 889, 255 N.E.2d 136 [1969] ). We also find that the court's findings comported with the weight of the evidence. Accordingly, the order of disposition must be affirmed.
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Decided: December 04, 2007
Court: Supreme Court, Appellate Division, First Department, New York.
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