Opinion
1828
October 14, 2003.
Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about November 22, 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 attempted robbery in the second degree, attempted grand larceny in the fourth degree, attempted assault in the third degree, and menacing in the third degree, and placed him with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.
Marcia Egger, for Preston S.
Fay Ng, for Presentment Agency.
Before: Nardelli, J.P., Mazzarelli, Andrias, Marlow, Gonzalez, JJ.
The court's finding as to attempted robbery in the second degree and attempted grand larceny in the fourth degree was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490). The evidence established that appellant subdued the victim by choking him and then blocked an avenue of escape while two others attempted to take his property. The evidence warranted the conclusion that appellant's actions were intended to assist his companions in taking the victim's property (see Matter of Juan J., 81 N.Y.2d 739).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.