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IN RE: Aaron B., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency
Zachary W. Carter, Corporation Counsel, New York (Antonella Karlin of counsel), for presentment agency.
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Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about March 5, 2014, 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 criminal possession of a weapon in the fourth degree, menacing in the second degree, and unlawful possession of an air pistol, and also committed the act of unlawful possession of a weapon by a person under 16, and placed him on probation for a period of 12 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 NY3d 342, 348–349 [2007] ). There is no basis for disturbing the court's credibility determinations. The evidence, viewed as a whole, satisfied the display element of second-degree menacing (see People v. Howard, 92 AD3d 176, 179–180 [1st Dept 2012], affd 22 NY3d 388 [2013] ), and also established a sufficient chain of custody to support the weapon possession charges (see People v. Julian, 41 N.Y.2d 340 [1977] ).
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CLERK
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Docket No: 1488 4
Decided: April 21, 2015
Court: Supreme Court, Appellate Division, First Department.
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