Opinion
June 8, 1999.
Appeal from the Family Court, Bronx County (Allen Alpert, J.).
The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the court's determinations concerning reliability of identification testimony.
As the Presentment Agency concedes, the petition and supporting deposition fail to provide non-hearsay allegations which, if true, would establish that appellant caused the complainant physical injury, an element of robbery in the second degree under Penal Law § 160.10 (2) (a) and assault in the third degree. Accordingly, those counts are dismissed as jurisdictionally defective.
Concur — Williams, J.P., Wallach, Andrias and Friedman, JJ.