In re Marquis T.

Decision Date20 November 2012
PartiesIn re MARQUIS T., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency
CourtNew York Supreme Court — Appellate Division

100 A.D.3d 533
953 N.Y.S.2d 859
2012 N.Y. Slip Op. 07884

In re MARQUIS T., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency

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

Nov. 20, 2012.


Patricia W. Jellen, Eastchester, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Susan B. Eisner of counsel), for presentment agency.


Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about January 12, 2012, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of arson in the fourth and fifth degrees and criminal mischief in the fourth degree, and placed him on probation for a period of six months, unanimously affirmed, without costs.

The court's finding was not against the weight of the evidence ( see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's credibility determinations. We have considered and rejected defendant's argument concerning the statements he made to school officials ( see Matter of Cy R., 43 A.D.3d 267, 841 N.Y.S.2d 25 [1st Dept. 2007],lv. denied9 N.Y.3d 814, 848 N.Y.S.2d 25, 878 N.E.2d 609 [2007],cert. denied552 U.S. 1320, 128 S.Ct. 1891 [2008] ).

MAZZARELLI, J.P., SWEENY, MOSKOWITZ, RENWICK, FREEDMAN, JJ., concur.

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