Majority
Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about March 5, 2014, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of criminal possession of a weapon in the fourth degree, menacing in the second degree, and unlawful possession of an air pistol, and also committed the act of unlawful possession of a weapon by a person under 16, 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 NY3d 342 , 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. The evidence, viewed as a whole, satisfied the display element of second-degree menacing (see People v Howard, 92 AD3d 176 , 179-180 [1st Dept 2012], affd 22 NY3d 388 [2013]), and also established a sufficient chain of custody to support the weapon possession charges (see People v Julian, 41 NY2d 340 [1977]).
Concur— Acosta, J.P., Saxe, Richter, Gische and Kapnick, JJ.
Cases cited
- People v. Danielson 9 NY3d 342 at 348-349 p. 583
- People v. Howard 92 AD3d 176 at 179-180 p. 583
- People v. Howard 22 NY3d 388 p. 583