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Matter of Adrian V

Appellate Division of the Supreme Court of New York, Second Department
Aug 25, 1997
242 A.D.2d 385 (N.Y. App. Div. 1997)

Opinion

August 25, 1997

Appeal from the Family Court, Queens County (Elkins, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

In order to hold an individual liable for the conduct of another, the presentment agency must show that the individual acted with the mental culpability required to commit the crimes charged (see, Penal Law § 20.00; Matter of Joseph J., 206 A.D.2d 777, 778). The presentment agency's evidence established that the appellant, together with another individual, approached the victim, that the appellant stood behind the victim blocking his escape while the other individual pointed a knife at the victim's stomach and demanded money, and that a concealed knife was recovered from the appellant's person upon his arrest shortly after the commission of the crime. We find this evidence legally sufficient to establish that the appellant shared the intent to commit the act which, if committed by an adult, would constitute the crime of attempted robbery in the first degree (see, Penal Law § 110.00, 160.15 Penal [3]; Matter of Joseph J., supra; Matter of Daniel F., 200 A.D.2d 571; Matter of Aida S., 189 A.D.2d 818).

Viewing the evidence in the light most favorable to the presentment agency (cf., People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the appellant's adjudication as a juvenile delinquent. Moreover, upon the exercise of our factual review power, we are satisfied that the finding of guilt was not against the weight of the evidence (cf., CPL 470.15).

Miller, J.P., Thompson, Joy and Luciano, JJ., concur.


Summaries of

Matter of Adrian V

Appellate Division of the Supreme Court of New York, Second Department
Aug 25, 1997
242 A.D.2d 385 (N.Y. App. Div. 1997)
Case details for

Matter of Adrian V

Case Details

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

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

Date published: Aug 25, 1997

Citations

242 A.D.2d 385 (N.Y. App. Div. 1997)
661 N.Y.S.2d 277

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