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IN RE: ANTHONY R., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Order of disposition, Family Court, Bronx County (Juan M. Merchan, J.), entered on or about January 10, 2008, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of course of sexual conduct against a child in the first degree, and placed him with the Office of Children and Family Services 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 N.Y.3d 342, 348-349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's determinations concerning credibility. The evidence supported the conclusion that the course of sexual conduct extended “over a period of time not less than three months in duration,” as required by Penal Law § 130.75. The victim's testimony, coupled with other evidence, circumstantially established a time line (see e.g. People v. Paramore, 288 A.D.2d 53, 732 N.Y.S.2d 410 [2001], lv. denied 97 N.Y.2d 759, 742 N.Y.S.2d 620, 769 N.E.2d 366 [2002] ) that began in approximately September 2006 and extended until at least May 2007.
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Decided: November 18, 2008
Court: Supreme Court, Appellate Division, First Department, New York.
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