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Matter of Wade

Court of Appeals of the State of New York
Feb 5, 1980
402 N.E.2d 1164 (N.Y. 1980)

Opinion

Submitted January 2, 1980

Decided February 5, 1980

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JULIAN A. HERTZ, J.

Barbara B. Butler, William E. Hellerstein and Charles Schinitsky for appellant.

Allen G. Schwartz, Corporation Counsel (Alexander J. Wulwich and Carolyn E. Demarest of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs. The position appellant Wade F. took in relation to the complaining witness, the fact that the latter was confined between the three boys and a car, the time at which Wade took up his position in relation to Christopher's threatened use of the razor, the concerted movement of the three boys away from the scene were sufficient to sustain the finding that Wade participated in an act which if committed by an adult would constitute robbery in the first degree.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memoranda.

Order affirmed.


Summaries of

Matter of Wade

Court of Appeals of the State of New York
Feb 5, 1980
402 N.E.2d 1164 (N.Y. 1980)
Case details for

Matter of Wade

Case Details

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

Court:Court of Appeals of the State of New York

Date published: Feb 5, 1980

Citations

402 N.E.2d 1164 (N.Y. 1980)
402 N.E.2d 1164
426 N.Y.S.2d 263

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