Opinion
May 7, 1992
Appeal from the Family Court, Bronx County, Rhoda J. Cohen, J.
Viewing the evidence in the light most favorable to the prosecution and giving it the benefit of every reasonable doubt (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), we find that the evidence was sufficient as a matter of law to support the court's fact finding determination. In light of the evidence that the 12-year old victim was accosted by appellant and another individual, struck with a gun and further threatened, and that the second individual proceeded to go through the victim's pockets, there was sufficient evidence to demonstrate the intent to deprive the victim of his property (Matter of Andrew S., 177 A.D.2d 428).
Concur — Carro, J.P., Milonas, Kupferman, Asch and Smith, JJ.