Appellate Division of the Supreme Court of New York, 2011

In re Theodore T.

In re Theodore T.
Appellate Division of the Supreme Court of New York · Decided November 29, 2011
89 A.D.3d 643; 934 N.Y.2d 122
In re Theodore T.

Opinion of the Court

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.

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