IN RE: EDUARDO E. (2012)

Order of disposition, Family Court, Bronx County (Nancy M. Bannon, J.), entered on or about December 13, 2010, 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 sexual abuse in the second degree, incest in the third degree, and sexual misconduct, and placed him on enhanced supervision probation for a period of 18 months, unanimously affirmed, without costs.

The court properly denied appellant's motion to suppress his statement to the police. The totality of the circumstances establishes that the statement was voluntarily made (see Arizona v. Fulminante, 499 U.S. 279, 285–288 [1991]; People v. Anderson, 42 N.Y.2d 35, 38–39 [1977] ). There is no evidence that appellant had any mental impairment that would affect his ability to understand Miranda warnings. Appellant turned 16 years of age between the incident and the interrogation; therefore, the special statutory procedures for juvenile interrogations were not required (see Family Court Act § 305.2[2]; Matter of Christopher QQ, 40 A.D.3d 1183 [2007] ).

The fact-finding determination 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.