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Matter of Daniel

Appellate Division of the Supreme Court of New York, Second Department
Jan 10, 1994
200 A.D.2d 571 (N.Y. App. Div. 1994)

Opinion

January 10, 1994

Appeal from the Family Court, Queens County (Schindler, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

Contrary to the appellant's contentions, the evidence adduced at the fact-finding hearing was legally sufficient to establish that the appellant committed an act which, if committed by an adult, would have constituted the crime of robbery in the second degree (Penal Law § 160.10). Specifically, the evidence established that the appellant was one of five individuals who robbed the complainant at knifepoint on a Queens street. Although the appellant was not identified as the knife-wielding assailant who demanded that the victim surrender his wallet and who removed money from the victim's pockets, the appellant was identified as one of the accomplices who surrounded and held the victim during the course of the robbery. The robbery was open and obvious to all the participants, and the assailants fled the scene together. Accordingly, this evidence was legally sufficient to establish the appellant's intentional participation in the robbery (see, Penal Law § 20.00; Matter of Juan J., 81 N.Y.2d 739; People v Brooks, 155 A.D.2d 680; cf., Matter of Peter J., 184 A.D.2d 511). Bracken, J.P., Sullivan, Miller and Lawrence, JJ., concur.


Summaries of

Matter of Daniel

Appellate Division of the Supreme Court of New York, Second Department
Jan 10, 1994
200 A.D.2d 571 (N.Y. App. Div. 1994)
Case details for

Matter of Daniel

Case Details

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

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

Date published: Jan 10, 1994

Citations

200 A.D.2d 571 (N.Y. App. Div. 1994)
606 N.Y.S.2d 304

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