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In the Matter of Mark

Appellate Division of the Supreme Court of New York, First Department
Oct 6, 2005
22 A.D.3d 257 (N.Y. App. Div. 2005)

Opinion

6677.

October 6, 2005.

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 29, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he had committed an act which, if committed by an adult, would constitute the crime of robbery in the third degree, and placed him in the custody of the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

Presentment Agency Steven Banks, The Legal Aid Society, New York (Susan Clement of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Sharyn Rootenberg of counsel), for presentment agency.

Before: Mazzarelli, J.P., Saxe, Sweeny, Catterson and Malone, JJ., Concur.


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. The element of force was established by testimony that appellant expressly threatened violence if the victim failed to surrender his property. Furthermore, appellant's act of searching the victim's person carried an implied threat of force under the circumstances.


Summaries of

In the Matter of Mark

Appellate Division of the Supreme Court of New York, First Department
Oct 6, 2005
22 A.D.3d 257 (N.Y. App. Div. 2005)
Case details for

In the Matter of Mark

Case Details

Full title:In the Matter of MARK W., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Oct 6, 2005

Citations

22 A.D.3d 257 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 7431
801 N.Y.S.2d 529

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