Opinion
2955, 2956.
Decided February 26, 2004.
Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about July 8, 2002, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of forcible touching (two counts) and unlawful imprisonment in the second degree, and imposed a conditional discharge, unanimously affirmed, without costs.
Philip Russotti, Scott Shorr, for Appellant.
Before Andrias, J.P., Ellerin, Williams, Gonzalez, JJ.
Presentment Agency
The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. Appellant's use of force against the victim, during the course of a sexual attack on the victim by appellant's companions, cannot be viewed as mere horseplay, and it warranted the conclusion that appellant shared his companions' intent ( see Matter of Juan J., 81 N.Y.2d 739; Matter of Carlos L., 256 A.D.2d 132). We have considered and rejected appellant's other arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.