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Matter of Clarence

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1990
166 A.D.2d 442 (N.Y. App. Div. 1990)

Opinion

October 1, 1990

Appeal from the Family Court, Kings County (Greenbaum, J., Esquirol, J.).


Ordered that the orders of disposition are affirmed, without costs or disbursements.

Eyewitness testimony established all of the elements of the crime of criminal possession of a weapon in the third degree (see, Penal Law § 265.02; see also, People v. Gonzalez, 104 A.D.2d 1007). Viewing this evidence in the light most favorable to the presenting agency (see, People v. Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to support the finding that the appellant had committed an act which, if committed by an adult, would have constituted the crime of criminal possession of a weapon in the third degree, beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, weighing "the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony" (People ex rel. MacCracken v. Miller, 291 N.Y. 55, 62) we are satisfied that the finding was not against the weight of the evidence (Family Ct Act § 342.2; cf., CPL 470.15). Thompson, J.P., Lawrence, Miller and O'Brien, JJ., concur.


Summaries of

Matter of Clarence

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1990
166 A.D.2d 442 (N.Y. App. Div. 1990)
Case details for

Matter of Clarence

Case Details

Full title:In the Matter of CLARENCE C., a Person Alleged to be a Juvenile…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 1, 1990

Citations

166 A.D.2d 442 (N.Y. App. Div. 1990)
560 N.Y.S.2d 495

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