In re Malcolm G.
Cases that cite this one
4 later published cases cite this decision.
- People v. Disdier (New York Supreme Court, Kings County 2024)
- People v. Disdier (New York Supreme Court, Kings County 2024)
- In re Rodolfo M. (Appellate Division of the Supreme Court of New York 2010)
- In re Kalexis R. (Appellate Division of the Supreme Court of New York 2010)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Ordered that the appeal from so much of the order of disposition as placed the appellant on probation for a period of 12 months is dismissed as academic, without costs or disbursements, as the period of placement has expired; and it is further,
Ordered that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.
The complainant’s testimony at the Rodriguez hearing (see People v Rodriguez, 79 NY2d 445 [1992]), supports the hearing court’s determination that the complainant, who observed the appellant almost every day at school for a period of approximately five months, was sufficiently familiar with the appellant that his show-up identification was merely confirmatory (see Matter of Bruce C., 224 AD2d 685 [1996]; cf. People v Rodriguez, supra; People v Garner, 27 AD3d 764 [2006]; People v Simmons, 247 AD2d 494 [1998]). Accordingly, a Wade hearing (see United States v Wade, 388 US 218 [1967]) was unnecessary (cf. People v Rodriguez, supra).
The appellant’s contentions challenging the legal sufficiency of the evidence are unpreserved for appellate review as he failed to raise them before the Family Court (see CPL 470.05 [2]; Matter of Shimon O., 34 AD3d 817 [2006]; Matter of Rahmel S., 4 AD3d 365 [2004]). In any event, viewing the evidence in the light most favorable to the presentment agency (see Matter of Frank C., 283 AD2d 643, 643-644 [2001]), we find that it was legally sufficient to support the determinations made in the fact-finding order (see Matter of Kadeem W., 5 NY3d 864 [2005];
The appellant’s remaining contentions are unpreserved for appellate review or without merit. Santucci, J.P, Goldstein, Garni and McCarthy, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.