From Casetext: Smarter Legal Research

In the Matter of Quincey D

Appellate Division of the Supreme Court of New York, First Department
Apr 22, 2004
6 A.D.3d 311 (N.Y. App. Div. 2004)

Opinion

3463.

Decided April 22, 2004.

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered March 5, 2003, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of robbery in the second degree, and imposed a conditional discharge for a period of 1 year, unanimously affirmed, without costs.

Monica Drinane, The Legal Aid Society, New York (Eva Pappadopoulos of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Stacy Laine Francolla of counsel), for presentment agency.

Before: Andrias, J.P., Williams, Friedman, Marlow, Gonzalez, JJ.


The court's finding was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490). There is no basis for disturbing the court's determinations concerning identification and credibility. Appellant's accessorial liability could be readily inferred from evidence that he was part of a large group that approached the victim in an aggressive manner and positioned themselves so as to block the victim's path while one of the participants took his property ( see e.g. Matter of Marc H., 284 A.D.2d 211).

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


Summaries of

In the Matter of Quincey D

Appellate Division of the Supreme Court of New York, First Department
Apr 22, 2004
6 A.D.3d 311 (N.Y. App. Div. 2004)
Case details for

In the Matter of Quincey D

Case Details

Full title:IN RE QUINCEY D., A Person Alleged to be a Juvenile Delinquent, Appellant

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

Date published: Apr 22, 2004

Citations

6 A.D.3d 311 (N.Y. App. Div. 2004)
775 N.Y.S.2d 132