| Matter of Tyquan C. |
| 2014 NY Slip Op 08724 [123 AD3d 502] |
| December 11, 2014 |
| Appellate Division, First Department |
[*1]
| In the Matter of Tyquan C., a Person Alleged to be aJuvenile Delinquent, Appellant. |
Tamara A. Steckler, The Legal Aid Society, New York (Gary Solomon of counsel),for appellant.
Zachary W. Carter, Corporation Counsel, New York (Karen M. Griffin of counsel),for presentment agency.
Order of disposition, Family Court, New York County (Mary E. Bednar, J.), enteredon or about July 25, 2013, which adjudicated appellant a juvenile delinquent upon afact-finding determination that he committed acts, that, if committed by an adult, wouldconstitute the crimes of robbery in the second degree, grand larceny in the fourth degreeand criminal possession of stolen property in the fifth degree, and placed him with theAdministration for Children's Services' Close to Home program for a period of 18months, unanimously affirmed, without costs.
The court's finding was not against the weight of the evidence (see People v Danielson, 9NY3d 342, 348-349 [2007]). There is no basis for disturbing the court'sdeterminations concerning identification and credibility. The record establishes that thevictim had a sufficient opportunity to observe appellant, and that he made a reliableidentification.
The court properly exercised its discretion in denying appellant's recusal motion(see People v Moreno, 70 NY2d 403, 405 [1987]). The court is presumed capableof making a fair fact-finding determination, based on the evidence adduced at thatproceeding and the relevant burden of proof, notwithstanding that it had presided overother hearings earlier in the case and made findings of fact on issues other thanappellant's guilt or innocence. We have considered and rejected appellant's argument thatthe court was legally disqualified under Judiciary Law § 14.Concur—Gonzalez, P.J., Tom, Friedman, Acosta and Moskowitz, JJ.