In re Albiery R.E.

178 A.D.3d 407

111 N.Y.S.3d 172 (Mem)

IN RE ALBIERY R.E., a Person Alleged to be a Juvenile Delinquent, Appellant.

Presentment Agency

10478

Supreme Court, Appellate Division, First Department, New York.

ENTERED: DECEMBER 3, 2019

Janet E. Sabel, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant.

Georgia M. Pestana, Acting Corporation Counsel, New York (Jamison Davies of counsel), for presentment agency.

Acosta, P.J., Renwick, Mazzarelli, Kapnick, JJ.

Order of disposition, Family Court, New York County (Adetokunbo O. Fasanya, J.), entered on or about April 20, 2018, 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 attempted robbery in the first degree, criminal possession of a weapon in the fourth degree and assault in the third degree, and placed him on probation for a period of 12 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 N.Y.3d 342, 348–49, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's determinations concerning credibility.

The evidence supported conclusions that appellant's use of force and demand for money constituted a single incident of attempted robbery, that appellant caused "more than slight or trivial pain" to the victim ( People v. Chiddick, 8 N.Y.3d 445, 447, 834 N.Y.S.2d 710, 866 N.E.2d 1039 [2007] ), and that appellant used a metal part of a broken umbrella in a manner that...