Matter of Destin B., 2018 NY Slip Op 09019 [167 AD3d 546]

December 27, 2018

Appellate Division, First Department

[*1]

In the Matter of Destin B., a Person Alleged to be a Juvenile Delinquent, Appellant.

Dawne A. Mitchell, The Legal Aid Society, New York (Diane Pazar of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York (Jonathan Popolow of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Peter J. Passidomo, J.), entered on or about July 14, 2017, 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 attempted assault in the second degree and criminal possession of a weapon in the fourth degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court’s fact-finding determination 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 credibility. Although the victim did not testify, the off-duty detective had a sufficient opportunity to observe the incident so as to establish all the elements of the offenses. Concur—Friedman, J.P., Sweeny, Kapnick, Kahn, Singh, JJ..