91 A.D.3d 964 937 N.Y.S.2d 310

In the Matter of Tyheem W., a Person Alleged to be a Juvenile Delinquent, Appellant.

[937 NYS2d 310]

As a mere passenger, the appellant lacked standing to challenge the search of a lawfully stopped livery cab with respect to which he demonstrated no legitimate expectation of privacy (see People v Robinson, 38 AD3d 572, 573 [2007]; People v Ballard, 16 AD3d 697, 698 [2005]). Moreover, the appellant did not have automatic standing, since the presentment agency was not solely relying on the statutory presumption of Penal Law § 265.15 (3) (a) (see People v Millan, 69 NY2d 514, 520 [1987]; People v Robinson, 38 AD3d at 572; People v Fredericks, 234 AD2d 472, 473 [1996]; People v Carter, 199 AD2d 817, 819 [1993], affd 86 NY2d 721 [1995]).

*965Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792 [1987]; People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish beyond a reasonable doubt that the appellant committed an act which, if committed by an adult, would have constituted the crime of criminal possession of a weapon in the second degree, and that he committed two counts of unlawful possession of weapons by persons under 16 (see Penal Law § 265.00 [15]; § 265.03 [3]; § 265.05; Matter of Macye Mc., 82 AD3d 892 [2011]; Matter of Darnell C., 66 AD3d 771 [2009]). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (cf. CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accord deference to the factfinder’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see Matter of Darnell C., 66 AD3d 771 [2009]; cf. People v Mateo, 2 NY3d 383 [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 Family Court’s fact-finding determination was not against the weight of the evidence (cf. People v Romero, 7 NY3d 633 [2006]). Rivera, J.R, Eng, Lott and Sgroi, JJ., concur.

In re Tyheem W.
91 A.D.3d 964 937 N.Y.S.2d 310

Case Details

Name
In re Tyheem W.
Decision Date
Jan 31, 2012
Citations

91 A.D.3d 964

937 N.Y.S.2d 310

Jurisdiction
New York

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