| Matter of Michale A.C. |
| 2010 NY Slip Op 04378 [73 AD3d 1042] |
| May 18, 2010 |
| Appellate Division, Second Department |
| In the Matter of Michale A.C., a Person Alleged to be a JuvenileDelinquent, Appellant. |
—[*1] Christine Malafi, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), forrespondent.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal isfrom an order of disposition of the Family Court, Suffolk County (Kelly, J.), dated June 25,2009, which, upon a finding of the same court dated June 15, 2009, finding that the appellant hadcommitted an act which, if committed by an adult, would have constituted the crime of burglaryin the third degree, adjudged him to be a juvenile delinquent and placed him on probation for aperiod of two years.
Ordered that the order of disposition is affirmed, without costs or disbursements.
Viewing the evidence in the light most favorable to the presentment agency (see Matterof David H., 69 NY2d 792, 793 [1987]; cf. People v Contes, 60 NY2d 620, 621[1983]), we find that it was legally sufficient to support the finding that the appellant committedan act which, if committed by an adult, would have constituted the crime of burglary in the thirddegree. Moreover, in fulfilling our responsibility to conduct an independent review of the weightof the evidence (see Matter of HasanC., 59 AD3d 617, 617-618 [2009]; cf. CPL 470.15 [5]; People v Danielson, 9 NY3d 342[2007]), we nevertheless accord great deference to the opportunity of the trier of fact to view thewitnesses, hear the testimony, and observe demeanor (see Matter of Daniel R., 51 AD3d 933, 933-934 [2008]; 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 aresatisfied that the Family Court's fact-finding determination was not against the weight of theevidence (see Family Ct Act § 342.2 [2]; cf. People v Romero, 7 NY3d 633 [2006]).
The appellant's remaining contention is without merit. Dillon, J.P., Santucci, Hall and Lott,JJ., concur.