Appellate Division of the Supreme Court of the State of New York October 25, 2012 (In re David H.)

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s determinations concerning credibility and identification. The victim made a prompt and reliable identification of appellant.