Opinion
February 9, 1999
Appeal from the Family Court, New York County (Clark Richardson, J.).
The court's finding as to attempted robbery was based on legally sufficient evidence and was not against the weight of the evidence. Taking the entire sequence of events as a whole, we find ample evidence of a forcible attempt to take property.
The court's finding that appellant committed a "designated felony act" on the basis of multiple recidivism (Family Ct Act § 301.2 [vi]) was error since he had only one prior finding that he had committed two prior felonies, rather than two prior findings that he had committed a prior felony, as is required by the statute. We do not read the statute as permitting separate counts of the same petition, involving the same incident, to qualify as the necessary predicate for enhancement ( see, Matter of Manuel R., 89 N.Y.2d 1043; Matter of Nicholas G., 177 Misc.2d 113).
Concur — Williams, J. P., Wallach, Tom and Mazzarelli, JJ.