Matter of Theodore T., 2011 NY Slip Op 08652 [89 AD3d 643]

November 29, 2011

Appellate Division, First Department

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Tamara A. Steckler, The Legal Aid Society, New York (Marcia Egger of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for presentment agency.

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about October 20, 2010, 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 petit larceny and criminal possession of stolen property in the fifth degree, and placed him on enhanced supervision probation for a period of 15 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, who observed appellant on two occasions prior to, and on two occasions immediately after, the theft, reliably identified appellant as the person who walked away with his bicycle. Concur—Saxe, J.P., Friedman, Renwick, DeGrasse and Freedman, JJ..