Opinion
January 22, 1996
Appeal from the Family Court, Rockland County (Warren, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
Contrary to the appellant's contentions, when viewed in a light most favorable to the presentment agency (see, Matter of Lionel F., 152 A.D.2d 571, affd 76 N.Y.2d 747, cert denied 498 U.S. 923) the evidence adduced at the fact-finding hearing was legally sufficient to establish his commission of an act which, if committed by an adult, would constitute the crime of petit larceny. The evidence established that the appellant stole an audio cassette tape from a record store. The appellant's companion testified that the appellant had the tape in his pocket and that the appellant left the store without paying for it. A security guard witnessed the theft of the tape and saw it in the appellant's possession outside the store immediately prior to the appellant's attempted flight. While there was no express testimony as to ownership of the tape, under all the circumstances presented the appellant's lack of ownership of the tape could reasonably be inferred (see, People v Stafford, 173 A.D.2d 233; Matter of Kevin B., 128 A.D.2d 63). Likewise, that the appellant lacked permission to remove the tape from the store without paying for it could also be inferred (see, People v McCrea, 194 A.D.2d 742; People v Wright, 68 A.D.2d 930).
We have reviewed the appellant's remaining contentions and find them to be without merit. Mangano, P.J., Miller, Ritter and Pizzuto, JJ., concur.