Opinion
2003-08807.
Decided June 7, 2004.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Weinstein, J.), dated September 2, 2003, which, upon a fact-finding order of the same court dated June 16, 2003, made after a hearing, finding that the appellant had committed acts, which, if committed by an adult, would have constituted the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, adjudged him to be a juvenile delinquent and placed him on probation for a period of 18 months. The appeal brings up for review the fact-finding order dated June 16, 2003.
Monica Drinane, New York, N.Y. (Raymond E. Rogers of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Norman Corenthal of counsel), for respondent.
Before: SONDRA MILLER, J.P., THOMAS A. ADAMS, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order of disposition is affirmed, without costs or disbursements.
Viewing the evidence in the light most favorable to the presentment agency ( cf. People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the appellant's guilt beyond a reasonable doubt ( see Matter of Kwame P., 283 A.D.2d 578; People v. Younger, 299 A.D.2d 431). Moreover, upon the exercise of our factual review power, we are satisfied that the finding of guilt was not against the weight of the evidence ( cf. CPL 470.15).
The minor inconsistencies between the police witness's identification testimony and the appellant's actual appearance did not render that testimony incredible as a matter of law ( see Matter of Tyrell A., 249 A.D.2d 467, 468; Matter of Jonitta C., 213 A.D.2d 248; Matter of Kashawn B., 4 A.D.3d 469; Matter of Aaron H., 206 A.D.2d 426).
The appellant's remaining contentions are without merit.
S. MILLER, J.P., ADAMS, COZIER and RIVERA, JJ., concur.