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In re Jonathan

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 2007
43 A.D.3d 470 (N.Y. App. Div. 2007)

Opinion

Nos. 2006-10995, (Docket No. D3930/06).

August 21, 2007.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Richmond County (DiDomenico, J.), dated October 27, 2006, which, upon a fact-finding order of the same court dated October 16, 2006, made after a hearing, finding that the appellant committed acts which, if committed by an adult, would have constituted the crimes of grand larceny in the fourth degree and criminal possession of stolen property in the fifth degree, adjudged him to be a juvenile delinquent and placed him on probation for a period of 18 months. The appeal brings up for review the fact-finding order dated October 16, 2006.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Alan Beckoff of counsel; Matthew Barber on the brief), for respondent.

Before: Schmidt, J.P., Santucci, Krausman and McCarthy, JJ., concur.


Ordered that the order of disposition is affirmed, without costs or disbursements.

Viewing the evidence in the light most favorable to the presentment agency ( see Matter of David H., 69 NY2d 792), we find that it was legally sufficient to support the findings of the Family Court that the appellant had committed acts which, if committed by an adult, would have constituted the crimes of grand larceny in the fourth degree and criminal possession of stolen property in the fifth degree. The appellant's "course of conduct before, during and after the robbery was inconsistent with that of a mere bystander and established his accessorial liability" ( Matter of Justice G., 22 AD3d 368, 369; see Matter of Louis C., 6 AD3d 430).


Summaries of

In re Jonathan

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 2007
43 A.D.3d 470 (N.Y. App. Div. 2007)
Case details for

In re Jonathan

Case Details

Full title:In the Matter of JONATHAN V., a Person Alleged to be a Juvenile…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 21, 2007

Citations

43 A.D.3d 470 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 6470
840 N.Y.S.2d 537

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