Opinion
March 16, 1971
Appeal from two orders of the Family Court of Albany County, on two juvenile delinquency petitions; the first, finding the appellant guilty of an act which would constitute robbery in the first degree (Penal Law, § 160.15, subd. 1), if committed by an adult, for which he was placed on probation for six months and the second, finding appellant guilty of an act which would constitute public lewdness (Penal Law, § 245.00), if committed by an adult, for which he was placed in the Otisville Detention School for an indefinite period not to exceed 18 months. Order of April 14, 1970, adjudging appellant a juvenile delinquent, affirmed. There is sufficient evidence in the record to justify a finding of delinquency in that appellant did steal Mrs. Captain's purse although the evidence does not warrant a finding that appellant committed acts which if committed by an adult would constitute robbery in the first degree. Order of May 28, 1970, insofar as it adjudges appellant to be a juvenile delinquent, affirmed, but remitted to Family Court for a dispositional hearing pursuant to section 746 FCT of the Family Court Act. At such hearing the court should review appellant's mental competency and consider what treatment or custodial care is appropriate under all the circumstances. Herlihy, P.J., Staley, Jr., Cooke, Sweeney and Simons, JJ., concur.