Appellate Division of the Supreme Court of New York, 2003

In re Gerard S.

In re Gerard S.
Appellate Division of the Supreme Court of New York · Decided October 16, 2003
309 A.D.2d 613; 765 N.Y.S.2d 780; 2003 N.Y. App. Div. LEXIS 10684
In re Gerard S.

Opinion of the Court

Order of disposition, Family Court, Bronx County (Harold Lynch, J.), entered on or about May 3, 2000, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute sodomy in the first degree and sexual abuse in the first degree, and placed him with the Office of Children and Family Services 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. Issues of credibility, including the weight to be given to inconsistencies in testimony, were properly considered by the court, and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). Concur — Andrias, J.P., Ellerin, Williams, Lerner and Gonzalez, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.