The court's finding of acts which would constitute attempted criminal possession of a weapon in the third degree was based on legally sufficient evidence and was not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490), including testimony that appellant had a defaced and loaded, but inoperable, handgun hidden on his person and then tried to discard it when he realized he was being followed by the police ( see, Matter of Lavar D., 90 N.Y.2d 963, 965; People v. Saunders, 85 N.Y.2d 339, 341-342), and the court, as fact-finder, was entitled to discredit appellant's testimony that, although he knew the weapon was loaded, he believed it to be inoperable ( see, Matter of Isaac Q., 217 A.D.2d 410, 411). However, the presentment agency failed to submit any evidence that appellant intended to use the handgun against another person, and such a finding is against the weight of the evidence, which shows that appellant found the gun only minutes before being confronted by the police and merely planned to take it home. Therefore, that portion of the petition charging acts constituting attempted criminal possession of a weapon in the second degree is dismissed. Since appellant's placement has expired, there is no need for a remand for further dispositional proceedings.
Concur — Milonas, J. P., Rosenberger, Wallach, Tom and Mazzarelli, JJ.