In re Devon A.

• Decision Date: 30 November 2010
• Citation: 912 N.Y.S.2d 276,78 A.D.3d 1171
• Parties: In the Matter of DEVON A. (Anonymous), appellant.
• Court: New York Supreme Court — Appellate Division

912 N.Y.S.2d 276
78 A.D.3d 1171

In the Matter of DEVON A. (Anonymous), appellant.

Supreme Court, Appellate Division, Second Department, New York.

Nov. 30, 2010.

912 N.Y.S.2d 277

Kenneth M. Tuccillo, Hastings-on-Hudson, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen McGrath and Elina Druker of counsel), for respondent.

A. GAIL PRUDENTI, P.J., ANITA R. FLORIO, ARIEL E. BELEN, and LEONARD B. AUSTIN, JJ.

78 A.D.3d 1171

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Queens County (Lubow, J.), dated January 27, 2010, which, upon a fact-finding order of the same court dated December 11, 2008, made after a hearing, finding that the appellant committed acts which, if committed by an adult, would have constituted the crimes of attempted robbery in the second degree, attempted assault in the second degree, attempted assault

78 A.D.3d 1172

in the third degree, and attempted grand larceny in the fourth degree, adjudged the appellant to be a juvenile delinquent and placed him on enhanced supervision probation for a period of 12 months, to include 60 hours of community service. The appeal brings up for review the fact-finding order dated December 11, 2008.

ORDERED that the order of disposition is affirmed, without costs or disbursements.

The presentment agency filed a juvenile delinquency petition dated May 24, 2007, which charged the appellant and his brother with having committed acts on April 22, 2007, which, if committed by an adult, would have constituted the crimes of, among other things, attempted robbery in the second and third degrees, attempted grand larceny in the fourth degree, and attempted assault in the second and third degrees.

The petition was supported with the sworn statement of a named undercover police officer who asserted, inter alia, that on April 22, 2007 at 12:47 A.M., at the intersection of Redfern and Mott Avenues in Queens, he observed the subjects of the petition and an adult male punch, kick, and attempt to rob a male victim, causing him to fall to the ground, and to continue the attack while the victim was lying on the ground. The victim sustained an abrasion under his eye, which was bleeding.

Contrary to the appellant's contention, the officer's identification of the appellant as one of the perpetrators "occurred at a place and time sufficiently connected and contemporaneous to the arrest itself as to...