IN THE MATTER OF ROBERT H.


17 A.D.3d 244 (2005)

795 N.Y.S.2d 192

In the Matter of ROBERT H., a Person Alleged to be a Juvenile Delinquent, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 21, 2005.


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. The evidence establishes that appellant knew he lacked the owner's consent to be in the car in question (see Matter of Raquel M., 99 N.Y.2d 92 [2002]). The court properly applied the presumption contained in Penal Law § 165.05 (1), and...

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