Matter of Quincy B., 2011 NY Slip Op 01535 [82 AD3d 416]

March 1, 2011

Appellate Division, First Department

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Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Elina Druker of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Robert R. Reed, J.), entered on or about December 21, 2009, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he had 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 menacing in the third degree, and placed him on probation for a period of 18 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 victim testified that appellant personally seized his property, rather than appellant being merely present at the scene. The victim also testified that he recognized appellant as a student at his school, and that he knew what grade appellant was in. The court properly considered this in crediting the victim’s identification of appellant as one of the perpetrators of the theft of the iPod. Concur—Mazzarelli, J.P., Friedman, Catterson, Manzanet-Daniels and RomÁn, JJ.