IN RE: Tiffany T. (2016)

Supreme Court, Appellate Division, First Department.

IN RE: Tiffany T., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency

1791

Decided: October 04, 2016

Tom, J.P., Sweeny, Andrias, Webber, Gesmer, JJ.

Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for presentment agency.

Order, Family Court, Bronx County (Peter Passidomo, J.), entered on or about April 29, 2015, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that she committed an act that, if committed by an adult, would constitute the crime of petit larceny, and placed her 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 record supports the conclusion that appellant acquired the victim's bicycle by stealing it, and not by “finding” it in a trash pile.

CLERK

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