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Matter of Carmelo

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1996
228 A.D.2d 682 (N.Y. App. Div. 1996)

Opinion

June 24, 1996

Appeal from the Family Court, Kings County (McLeod, J.).


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

After a hearing, the appellant was found to have acted as a lookout for a friend who stole a cellular telephone from the complainant's car after breaking its front passenger-side window with his fist. As a result, the Family Court determined that the appellant was an accomplice and adjudicated him a juvenile delinquent. On appeal, the appellant contends that the evidence was legally insufficient to establish that he acted as an accomplice. We disagree.

A person's mere presence at the scene of the crime, even with knowledge of its perpetration, cannot render him or her accessorially liable for the underlying criminal conduct ( see, People v. Strawder, 124 A.D.2d 758, 759; People v. Reyes, 82 A.D.2d 925). In this case, however, when viewed in the light most favorable to the presentment agency ( see, People v. Contes, 60 N.Y.2d 620; Matter of Jamal C., 186 A.D.2d 562, 563), the evidence was legally sufficient to prove beyond a reasonable doubt that the appellant acted as a lookout for, and therefore as an accomplice of, his friend ( see, People v. Roldan, 211 A.D.2d 366, affd 88 N.Y.2d 826; People v. Wooten, 214 A.D.2d 596; People v Vallejo, 173 A.D.2d 880, lv denied 78 N.Y.2d 1015). Further, the Family Court's determination in this regard was not against the weight of the evidence ( see, CPL 470.15). Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

Matter of Carmelo

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1996
228 A.D.2d 682 (N.Y. App. Div. 1996)
Case details for

Matter of Carmelo

Case Details

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

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

Date published: Jun 24, 1996

Citations

228 A.D.2d 682 (N.Y. App. Div. 1996)
646 N.Y.S.2d 21

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