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Matter of Andre

Appellate Division of the Supreme Court of New York, Second Department
Aug 3, 1992
185 A.D.2d 810 (N.Y. App. Div. 1992)

Opinion

August 3, 1992

Appeal from the Family Court, Kings County (Demarest, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

Viewing the evidence in the light most favorable to the petitioner (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish his guilt beyond a reasonable doubt. The complainant testified at the hearing that, while he was riding the bus home from school, the appellant, aided by other students, stole a chain from around his neck. The hearing court found the complainant's identification testimony to be credible, in that he watched the appellant on the bus and recognized him from school. The case was tried before a court without a jury and great respect must be accorded the determination of the hearing court in assessing credibility (see, Matter of Nikim A., 179 A.D.2d 638; Matter of Bernard J., 171 A.D.2d 794; Matter of Jamal V., 159 A.D.2d 507). Upon the exercise of our factual review power, we are satisfied that the finding of guilt was not against the weight of the evidence (see, CPL 470.15). Balletta, J.P., O'Brien, Ritter and Copertino, JJ., concur.


Summaries of

Matter of Andre

Appellate Division of the Supreme Court of New York, Second Department
Aug 3, 1992
185 A.D.2d 810 (N.Y. App. Div. 1992)
Case details for

Matter of Andre

Case Details

Full title:In the Matter of ANDRE A., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 3, 1992

Citations

185 A.D.2d 810 (N.Y. App. Div. 1992)
586 N.Y.S.2d 638

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