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In the Matter of Alberto B

Appellate Division of the Supreme Court of New York, First Department
Feb 3, 2005
15 A.D.3d 187 (N.Y. App. Div. 2005)

Opinion

5259

February 3, 2005.

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about January 13, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of attempted assault in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

Before: Saxe, J.P., Friedman, Marlow, Sullivan and Williams, JJ., concur.


The court's finding was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Bleakley, 69 NY2d 490). There is no basis for disturbing the court's determinations concerning credibility. Appellant's course of conduct before, during and after the assault, including the fact that he assisted his companions in surrounding the victim, was inconsistent with that of a mere bystander and established his accessorial liability ( see e.g. Matter of Marc H., 284 AD2d 211; Matter of Taalib B., 273 AD2d 27, lv denied 95 NY2d 764).


Summaries of

In the Matter of Alberto B

Appellate Division of the Supreme Court of New York, First Department
Feb 3, 2005
15 A.D.3d 187 (N.Y. App. Div. 2005)
Case details for

In the Matter of Alberto B

Case Details

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

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 3, 2005

Citations

15 A.D.3d 187 (N.Y. App. Div. 2005)
788 N.Y.S.2d 605