Opinion
December 18, 1978
In a proceeding pursuant to article 7 of the Family Court Act, the appeal is from an order of the Family Court, Kings County, dated June 23, 1977, which adjudicated the appellant a juvenile delinquent and placed him on probation for a period of two years. Order affirmed, without costs or disbursements. No opinion. Titone, Hawkins and O'Connor, JJ., concur.
There was insufficient evidence to support the finding of the Family Court that appellant participated in an act, which if committed by an adult, would constitute the crime of robbery in the first degree. On the morning of October 13, 1976, the 12-year-old victim arrived at school, at which time he was approached by Christopher C., who demanded his bus pass and pulled out a razor. Appellant and another boy then approached and appellant stood behind the victim as he handed his bus pass to Christopher. The victim testified that appellant never touched him, nor said anything. Further, appellant denied that he was acting in concert with Christopher. Appellant's mere presence did not establish his complicity (see People v. Ligouri, 284 N.Y. 309, 318). Nor was there any evidence that appellant intentionally "blocked" the victim's avenue of escape.