Opinion
July 18, 1994
Appeal from the Family Court, Kings County (Esquirol, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
Contrary to the appellant's contentions, the evidence adduced at the fact-finding hearing was legally sufficient to establish the appellant's intentional participation in the robbery and that one of the participants displayed what appeared to be a firearm.
At the hearing, witnesses testified that the appellant was one of three individuals who accosted the complainants on a subway platform, and that the appellant aided his accomplices during the course of the robbery by restraining the complainants both physically and with menacing words and actions. The robbery was open and obvious to all the participants, and the assailants fled the scene together. This evidence was legally sufficient to establish the appellant's intentional participation in the robbery (see, Penal Law § 20.00; Matter of Juan J., 81 N.Y.2d 739; Matter of Daniel F., 200 A.D.2d 571; People v. Brooks, 155 A.D.2d 680).
Furthermore, during the course of the robbery, one of the appellant's accomplices reached up under his shirt, grabbed an object, and held it against a complainant's body while simultaneously threatening to shoot him. The accomplice's action of holding a hard object against the complainant's waist, when viewed in combination with his threat to shoot, was clearly sufficient to bring the act within the statutory requirement that one of the participants display what appears to be a firearm (see, Penal Law § 160.15; People v. Lopez, 73 N.Y.2d 214; People v. Weatherly, 144 A.D.2d 509; People v. Smith, 142 A.D.2d 619).
Finally, contrary to the appellant's contention, we find that the order which removed the case from the Criminal Court to the Family Court pursuant to CPL article 725 was marked sufficiently so as to indicate that he was being charged with designated felony offenses, and, indeed, the appellant makes no claim that he was not on notice or was unaware that designated felony charges were pending against him (cf., Matter of Andrew D., 99 A.D.2d 510; Family Ct Act § 311.1). Bracken, J.P., Altman, Krausman and Goldstein, JJ., concur.