Majority
Appeal from an order of the Family Court, Monroe County (Joan S. Kohout, J.), entered August 6, 2004 in a proceeding pursuant to Family Court Act article 3. The order adjudicated respondent a juvenile delinquent and placed respondent on probation for a period of 24 months.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: In each appeal, respondent appeals from an
We reject respondent’s final contention that the court’s findings are against the weight of the evidence. “Although different findings would not have been unreasonable, we conclude that the court did not fail to give the evidence the weight it should be accorded . . . , and we decline to disturb the court’s credibility determination” (Matter of Timothy S., 1 AD3d 908 , 909 [2003]; see Matter of Kara D., 306 AD2d 918 , 919 [2003]; see generally People v Bleakley, 69 NY2d 490 , 495 [1987]). Present—Green, J.P., Hurlbutt, Scudder, Pine and Lawton, JJ.
Cases cited
- In re David PP. 211 AD2d 995 at 996 p. 1048
- People v. Nisoff 36 NY2d 560 at 565-566 p. 1048
- In re Jordan E. 305 AD2d 778 at 779 p. 1048
- People v. Garcia 194 AD2d 554 at 555 p. 1048
- In re Henry M. 194 AD2d 606 p. 1048
- People v. Bleakley 69 NY2d 490 at 495 p. 1048