From Casetext: Smarter Legal Research

In re Tyrone

Appellate Division of the Supreme Court of New York, First Department
Oct 29, 1996
232 A.D.2d 318 (N.Y. App. Div. 1996)

Opinion

October 29, 1996.

Order of disposition, Family Court, Bronx County (Harold Lynch, J.), entered on or about June 29, 1995, which adjudicated respondent a juvenile delinquent and placed him on probation for 12 months, following a fact-finding determination that respondent committed acts which, if committed by an adult, would constitute the crimes of attempted robbery in the second degree and attempted assault in the third degree, unanimously affirmed, without costs.

Before: Sullivan, J. P., Milonas, Rubin, Williams and Andrias, JJ.


Viewed in the light most favorable to the presentment agency, the complainant's testimony, including that he had an unobstructed, face-to-face view of respondent in daylight for a period of approximately seven to ten minutes during the commission of the crime, was sufficient to establish respondent's identity as a participant in the incident ( see, Matter of Jason V., 171 AD2d 447). The evidence that respondent surrounded the complainant with six companions, kicked him in the back to prevent his escape, and chased after him when he fled, clearly established that respondent shared the intent of his companions to use force in taking money from the complainant ( see, Matter of Emerson D., 189 AD2d 712).


Summaries of

In re Tyrone

Appellate Division of the Supreme Court of New York, First Department
Oct 29, 1996
232 A.D.2d 318 (N.Y. App. Div. 1996)
Case details for

In re Tyrone

Case Details

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

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

Date published: Oct 29, 1996

Citations

232 A.D.2d 318 (N.Y. App. Div. 1996)
648 N.Y.S.2d 574

Citing Cases

In re Javier

In any event, respondent's contention lacks merit. Viewed in the light most favorable to the presentment…