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Matter of Deidra J

Appellate Division of the Supreme Court of New York, First Department
Oct 7, 1997
243 A.D.2d 276 (N.Y. App. Div. 1997)

Opinion

October 7, 1997

Appeal from Family Court, New York County (Leah Marks, J.).


The court's findings were based on legally sufficient evidence and were not against the weight of the evidence. There was ample evidence that appellant used force to retain shoplifted property, and not merely to escape. When approached, appellant struggled vigorously with the security guard and another store employee while continuously retaining possession of, and trying to escape with, the stolen merchandise ( People v. Safon, 166 A.D.2d 892, lv denied 76 N.Y.2d 990).

We have considered appellant's other arguments and find them to be without merit.

Concur — Milonas, J.P., Rubin, Tom, Andrias and Colabella, JJ.


Summaries of

Matter of Deidra J

Appellate Division of the Supreme Court of New York, First Department
Oct 7, 1997
243 A.D.2d 276 (N.Y. App. Div. 1997)
Case details for

Matter of Deidra J

Case Details

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

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

Date published: Oct 7, 1997

Citations

243 A.D.2d 276 (N.Y. App. Div. 1997)
663 N.Y.S.2d 20

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