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Matter of Fred

Appellate Division of the Supreme Court of New York, First Department
Apr 9, 1996
226 A.D.2d 172 (N.Y. App. Div. 1996)

Opinion

April 9, 1996

Appeal from the Family Court, Bronx County (Stewart Weinstein, J.).


Viewing the evidence in a light most favorable to the presentment agency and giving it the benefit of every reasonable inference ( People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), including the complainant's testimony that he knew appellant by name and that appellant was present throughout the robbery, we find the evidence sufficient to support the court's finding that appellant participated in the robbery. Issues raised by appellant concerning the complainant's credibility, including those that arose from the testimony concerning the statements given by appellant's corespondents, as well as the complainant's own testimony that he was not facing the four assailants when he heard appellant say "[l]et's jump him", were properly before the court, and we find no reason to disturb its determination ( People v. Bleakley, 69 N.Y.2d 490, 495).

Concur — Sullivan, J.P., Ellerin, Rubin and Mazzarelli, JJ.


Summaries of

Matter of Fred

Appellate Division of the Supreme Court of New York, First Department
Apr 9, 1996
226 A.D.2d 172 (N.Y. App. Div. 1996)
Case details for

Matter of Fred

Case Details

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

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

Date published: Apr 9, 1996

Citations

226 A.D.2d 172 (N.Y. App. Div. 1996)
640 N.Y.S.2d 116

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