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In re Rashard G

Appellate Division of the Supreme Court of New York, First Department
Oct 9, 2001
287 A.D.2d 273 (N.Y. App. Div. 2001)

Opinion

October 9, 2001.

Order of disposition, Family Court, New York County (Clark Richardson, J.), entered on or about October 21, 1998, 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 murder in the second degree, assault in the first degree, assault in the second degree (two counts), criminal possession of a weapon in the second and third degrees and menacing in the second degree, and placed him with the Office of Children and Family Services for an initial period of 3 years, unanimously affirmed, without costs.

Rosemary Herbert, for appellant.

Alan Beckoff, for Presentment Agency.

Before: Sullivan, P.J., Nardelli, Williams, Mazzarelli, JJ.


The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. The chain of circumstantial evidence, including the fact that appellant's attire at the time of the incident matched that of the assailant, clearly established the element of identity (see, People v. Scott, 155 A.D.2d 700, lv denied 75 N.Y.2d 924). Appellant's homicidal intent could be readily inferred from his conduct (see, People v. Fernandez, 88 N.Y.2d 777).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Rashard G

Appellate Division of the Supreme Court of New York, First Department
Oct 9, 2001
287 A.D.2d 273 (N.Y. App. Div. 2001)
Case details for

In re Rashard G

Case Details

Full title:IN RE RASHARD G., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, Appellant…

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

Date published: Oct 9, 2001

Citations

287 A.D.2d 273 (N.Y. App. Div. 2001)
730 N.Y.S.2d 854