Opinion
10-20-2016
In re MICHAEL T., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Seymour W. James, Jr., The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Holly Cooper of counsel), for presentment agency.
Seymour W. James, Jr., The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Holly Cooper of counsel), for presentment agency.
Order of disposition, Family Court, Bronx County (Peter J. Passidomo, J.), entered on or about April 21, 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 robbery in the second degree, grand larceny in the fourth degree, criminal possession of stolen property in the fifth degree and jostling, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.The court's fact-finding determination was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's credibility determinations, including its evaluation of inconsistencies.
Appellant did not preserve his claim that the court erred in admitting evidence of his pretrial silence, and we decline to review it in the interest of justice. As an alternative holding, we find no basis for reversal. The record plainly demonstrates the court's awareness that pretrial silence is inadmissible, and its general refusal to receive such evidence. Accordingly, there is no reason to believe that the allegedly offending question influenced the court's fact-finding determination (see People v. Torres, 249 A.D.2d 229, 673 N.Y.S.2d 72 [1st Dept.1998], lv. denied 92 N.Y.2d 861, 677 N.Y.S.2d 92, 699 N.E.2d 452 [1998] ; see also Matter of Jamar W., 269 A.D.2d 103, 703 N.Y.S.2d 10 [1st Dept.2000], lv. denied 95 N.Y.2d 752, 711 N.Y.S.2d 154, 733 N.E.2d 226 [2000] ).
SWEENY, J.P., RENWICK, MANZANET–DANIELS, GISCHE, WEBBER, JJ., concur.