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Matter of Francisco

Appellate Division of the Supreme Court of New York, First Department
Jan 17, 1995
211 A.D.2d 503 (N.Y. App. Div. 1995)

Opinion

January 17, 1995

Appeal from the Family Court, Bronx County (Harold J. Lynch, J.).


Evidence adduced at the fact-finding hearing was that appellant confronted the complainant and demanded money. When the complainant walked away, appellant approached the complainant from behind, threw him to the ground, and punched him several times in the face. Appellant also attempted to kick the complainant in the face. Viewing the evidence in the light most favorable to the presentment agency and giving it the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), the Family Court's determination that appellant committed acts which, if committed by an adult, would have constituted the crimes of attempted robbery in the third degree and attempted assault in the third degree, is amply supported.

Concur — Sullivan, J.P., Rosenberger, Nardelli and Williams, JJ.


Summaries of

Matter of Francisco

Appellate Division of the Supreme Court of New York, First Department
Jan 17, 1995
211 A.D.2d 503 (N.Y. App. Div. 1995)
Case details for

Matter of Francisco

Case Details

Full title:In the Matter of FRANCISCO R., a Person Alleged to be a Juvenile…

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

Date published: Jan 17, 1995

Citations

211 A.D.2d 503 (N.Y. App. Div. 1995)
621 N.Y.S.2d 554