Citation Numbers: 10 A.D.3d 536, 782 N.Y.S.2d 60, 2004 N.Y. App. Div. LEXIS 10908
Filed Date: 9/21/2004
Status: Precedential
Modified Date: 11/1/2024
Order of disposition, Family Court, New York County (Mary E. Bednar, J.), entered on or about December 10, 2003, which adjudicated appellant a
The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved appellant’s justification defense, and warranted the conclusion that appellant attempted to steal property by reaching into the victim’s pocket. Concur—Buckley, P.J., Lerner, Friedman, Sweeny and Catterson, JJ.