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In re Lahteek S.

129 A.D.3d 420 Court N.Y. App. Div. Decision date 2015-06-04 English

Judges Concur — Gonzalez, P.J., Mazzarelli, Acosta, Clark and Kapnick, JJ.

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p. 420
In the Matter of Lahteek S., a Person Alleged to be a Juvenile Delinquent, Appellant.
[9 NYS3d 578]

Order, Family Court, New York County (Susan R. Larabee, J.), entered on or about August 12, 2014, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act that, if committed by an adult, would constitute the crime of possession or sale of a toy or imitation firearm, and placed him on probation 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 (see People v Danielson, 9 NY3d 342 , 348-349 [2007]). The record supports the court’s credibility determination rejecting appellant’s temporary innocent possession defense.

Concur — Gonzalez, P.J., Mazzarelli, Acosta, Clark and Kapnick, JJ.

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