Opinion
January 9, 1996
Appeal from the Family Court, New York County (Leah Marks, J.).
The court's findings were based on legally sufficient evidence and were not against the weight of the evidence. The presentment agency's failure to locate and call the victim to testify was not fatal to its case ( cf., Matter of Maldonado, 131 A.D.2d 367, lv denied sub nom. Matter of Carlos M., 70 N.Y.2d 608). The eyewitness testimony of the police officer that respondent had his hands in the victim's pocket and quickly removed them upon seeing the officer was sufficient to permit an inference that he intended to steal property owned by the victim.
Concur — Ellerin, J.P., Rubin, Nardelli, Tom and Mazzarelli, JJ.