IN RE: SAQIB A.

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Supreme Court, Appellate Division, First Department, New York.

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

Decided: January 27, 2005

ANDRIAS, J.P., SAXE, ELLERIN, SWEENY, CATTERSON, JJ. Steven Banks, The Legal Aid Society, New York (Eva Pappadopoulos of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about January 7, 2004, 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 sexual abuse in the second degree, and placed him on probation for a period of 1 year, 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. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ).   There is no basis for disturbing the court's determinations concerning identification and credibility. The victim made a reliable identification when she recognized appellant on the street shortly after the incident, which was corroborated by evidence indicating that appellant simultaneously recognized his victim and attempted to flee as soon as he saw her approaching.