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IN THE MATTER OF GILBERT C

Appellate Division of the Supreme Court of New York, First Department.
Feb 1, 2005
Important Paras
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The court's finding was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Bleakley, 69 NY2d 490). There is no basis for disturbing the court's determinations concerning credibility ( see People v. Gaimari, 176 NY 84, 94). The victim provided a credible account of the incident.

There is no basis for preclusion, on the ground of inadequate notice under Family Court Act ยง 330.2 (2), of the victim's in-court identification of appellant, since appellant nevertheless moved to suppress the identification and received a full hearing ( see People v. Kirkland, 89 NY2d 903). In any event, no notice was required in the first place, since the record establishes that the identification procedure conducted by a school official was not police-arranged ( see Matter of Gabriel A., 12 AD3d 666).