IN THE MATTER OF RAFAEL S.


16 A.D.3d 246 (2005)

791 N.Y.S.2d 115

In the Matter of RAFAEL S., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

March 22, 2005.


The court's finding was not against the weight of the evidence. There is no basis for disturbing its credibility determinations, including the resolution of inconsistencies (see People v Gaimari, 176 N.Y. 84, 94 [1903]). The victim's testimony, along with that of a detective who observed the incident while engaged in a surveillance operation, provided ample evidence of forcible compulsion.

The court properly denied suppression of appellant's statement to the...

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