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Matter of Madinah

Appellate Division of the Supreme Court of New York, First Department
Feb 8, 1994
201 A.D.2d 295 (N.Y. App. Div. 1994)

Opinion

February 8, 1994

Appeal from the Family Court, Bronx County (Stewart Weinstein, J.).


Regardless of the strength of the evidence that appellant's companions robbed the complainant, she may not be found to be a participant in the crime absent a showing of her intent to steal (People v. La Belle, 18 N.Y.2d 405, 412). In this case, in light of the evidence that appellant intervened on behalf of the victim by encouraging the other participants to return property which they had stolen, we find that she did not have the requisite intent to steal. Because the evidence of intent is insufficient, it is not relevant that only part of the victim's property was actually returned to her.

We have examined appellant's remaining contentions, and find that they are without merit.

Concur — Murphy, P.J., Carro, Ellerin and Kupferman, JJ.


Summaries of

Matter of Madinah

Appellate Division of the Supreme Court of New York, First Department
Feb 8, 1994
201 A.D.2d 295 (N.Y. App. Div. 1994)
Case details for

Matter of Madinah

Case Details

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

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

Date published: Feb 8, 1994

Citations

201 A.D.2d 295 (N.Y. App. Div. 1994)
607 N.Y.S.2d 39