From Casetext: Smarter Legal Research

Matter of George

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1991
173 A.D.2d 470 (N.Y. App. Div. 1991)

Opinion

May 6, 1991

Appeal from the Family Court, Kings County (Sparrow, J.).


Ordered that the order of disposition is modified, on the law, by vacating the finding as to criminal mischief in the fourth degree and dismissing that count of the petition; as so modified, the order of disposition is affirmed, without costs or disbursements, and the fact-finding order is modified accordingly.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish that the appellant committed acts which, if committed by an adult, would have constituted the crimes of burglary in the second degree and petit larceny. Moreover, upon the exercise of our factual review power, we are satisfied that the findings as to those two charges were not against the weight of the evidence (see, CPL 470.15).

However, we find that the evidence adduced at the fact-finding hearing was insufficient to support a finding that the appellant had committed an act which, if committed by an adult, would have constituted the crime of criminal mischief in the fourth degree (see, Penal Law § 145.00). Nevertheless, we find that placement of the appellant on probation for two years is appropriate in light of the other acts which he was found to have committed.

We have considered the appellant's remaining contentions and find them to be without merit. Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.


Summaries of

Matter of George

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1991
173 A.D.2d 470 (N.Y. App. Div. 1991)
Case details for

Matter of George

Case Details

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

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

Date published: May 6, 1991

Citations

173 A.D.2d 470 (N.Y. App. Div. 1991)

Citing Cases

Matter of James S

Order unanimously affirmed without costs. Memorandum: Family Court's determination that respondent committed…

In re Lavar

Accordingly, that count is dismissed. However, since the placement of the appellant was appropriate in light…