*1 Luis P. appeals from the order of disposition of the Family Court, Bronx County (Sarah P. Cooper, J.), entered on or about February 9, 2016, which adjudicated him a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of criminal sexual act in the first degree (two counts), sexual abuse in the first degree (two counts), sexual misconduct (two counts), and endangering the welfare of a child, and placing him on probation for a specified period.*2
The primary issue on this appeal is whether the presentment agency adequately proved beyond a reasonable doubt that appellant’s oral and written statements were voluntary. We find that the presentment agency met its burden of proving the voluntariness of appellant’s oral and written statements, and therefore affirm the order of disposition adjudicating him a juvenile delinquent.As a preliminary matter, Family Court’s factual findings are based in part on credibility determinations that are entitled to deference (see People v. Prochilo, 41 NY2d 759, 761 [1977]; Matter of Cy R., 43 AD3d 267, 268 [1st Dept 2008], lv denied 9 NY3d 814 [2007], cert denied 552 US 1320 [2008]). Where the court “carefully considered the relevant circumstances, including demeanor,” this Court will not disturb these credibility determinations (Matter of Michael S., 303 AD2d 170, 171 [1st Dept 2003]; see Matter of Alberto R., 84 AD3d 593 [1st Dept 2011]). After reviewing the record1, we present the facts as determined by Family Court and find no basis to disturb these findings.From July 16th to July 30th 2014, L.F. visited his father, Joshua M. in his apartment complex in the Bronx. L.F. lives with his mother, Cynthia M. Joshua M. lives in the same apartment complex as his girlfriend, Lizbeth S., who also has a son, the appellant in this case. At the time of the complained-of incident, L.F. was 9 years old and appellant was 13 years old. Appellant did not live with his mother because as a child, he was sexually abused by his brother. In May 2014, the Administration for Children’s Services placed appellant in the care of his grandmother after the Family Court made a finding of child neglect against Lizbeth for failing to protect appellant from his brother.During most of this visit, L.F. stayed with his grandmother on the second floor of the apartment complex. However, one night — all parties are unclear as to which specific night — L.F. stayed in Lizbeth’s apartment with Joshua M. and appellant. Appellant and L.F. stayed in one room with bunk beds and Joshua M. and Lizbeth stayed in the other bedroom. Around noon on the day in question, appellant entered the room where L.F. was sleeping on his stomach.Appellant pulled down L.F.’s pants and placed his “peanuts” in L.F.’s mouth and anus. L.F. explained that “peanuts” are something used to “[p]ee in the bathroom.” When appellant put his penis
