| Matter of Robert A. |
| 2008 NY Slip Op 09988 [57 AD3d 770] |
| December 16, 2008 |
| Appellate Division, Second Department |
| In the Matter of Robert A., a Person Alleged to be a Juvenile Delinquent,Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Susan B.Eisner of counsel), for respondent.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from anorder of disposition of the Family Court, Richmond County (DiDomenico, J.), dated September 20,2007, which, upon a fact-finding order of the same court dated July 23, 2007, finding that the appellanthad committed an act which, if committed by an adult, would have constituted the crime of recklessendangerment in the second degree, adjudged him to be a juvenile delinquent and placed him onprobation for a period of 12 months. The appeal brings up for review the fact-finding order dated July23, 2007.
Ordered that the appeal from so much of the order of disposition as placed the appellant onprobation for a period of 12 months is dismissed, without costs or disbursements, as the period ofprobation has expired (see Matter of DanielR., 51 AD3d 933 [2008]); and it is further,
Ordered that the order of disposition is affirmed insofar as reviewed, without costs ordisbursements.
Viewing the evidence in the light most favorable to the presentment agency (see Matter ofDavid H., 69 NY2d 792, 793 [1987]; Matter of Charles S., 41 AD3d 484, 485 [2007]), we find that it waslegally sufficient to support the finding that the appellant recklessly engaged in conduct that created asubstantial risk of serious injury and which, if committed by an adult, would have constituted the [*2]crime of reckless endangerment in the second degree (see PenalLaw § 120.20; Matter of Kadeem W.,5 NY3d 864, 865 [2005]; Matter of George V., 231 AD2d 641, 642 [1996];Matter of James D., 231 AD2d 631 [1996]; see also Matter of Jehadh S., 24 AD3d 128, 128-129 [2005];Matter of Rydell D., 285 AD2d 592 [2001]). The complainant observed the appellant duringthe incident under good lighting conditions, and subsequently identified the appellant at a showup thattook place 15 minutes after the incident. Under these circumstances, the identification testimony waslegally sufficient (see Matter of Jonathan A.,36 AD3d 697, 698 [2007]; Peoplev Rodgers, 6 AD3d 464, 465 [2004]; People v Terrill, 265 AD2d 587 [1999];People v Baptiste, 201 AD2d 659, 660-661 [1994]).
Moreover, in conducting an independent review of the weight of the evidence (cf. CPL470.15 [5]; People v Danielson, 9 NY3d342 [2007]), we nevertheless accord great deference to the factfinder's opportunity to view thewitnesses, hear the testimony, and observe demeanor (cf. People v Mateo, 2 NY3d 383, 410[2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495[1987]). Upon reviewing the record here, we are satisfied that the findings of fact were not against theweight of the evidence (cf. People v Romero,7 NY3d 633 [2006]). Spolzino, J.P., Florio, Carni and Leventhal, JJ., concur.