IN RE: Malik W.

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

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


Decided: April 05, 2018

Acosta, P.J., Tom, Oing, Moulton, 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 I. Freedman of counsel), for presentment agency.


Order of disposition, Family Court, Bronx County (Peter J. Passidomo, J.), entered on or about April 27, 2016, 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 robbery in the third degree and grand larceny in the fourth degree, 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 determinations concerning identification and credibility.  The evidence supports the conclusions that the victim had a sufficient opportunity to see appellant's face during the robbery, and that she made a reliable identification based on that observation.