Opinion
May 10, 1993
Appeal from the Family Court, Westchester County (Lefkowitz, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
Contrary to the appellant's contention, we find that the evidence adduced at the fact-finding hearing, viewed in a light most favorable to the presentment agency, established beyond a reasonable doubt that he and his co-respondent (see, Matter of Brian B., 193 A.D.2d 675 [decided herewith]), acting in concert, engaged in a forcible sexual assault upon the 13-year-old complainant (see, Matter of Aida S., 189 A.D.2d 818; Matter of John G., 118 A.D.2d 646). Specifically, the evidence established that the appellant attempted to forcibly rape the complainant while his co-respondent forcibly restrained her by holding her hands as he fondled her breast. Moreover, the fact that the Family Court did not sustain the attempted rape charge as to the co-respondent does not render the court's finding repugnant as accomplice liability may be imposed notwithstanding the co-respondent's "acquittal" on the attempted rape charge (see, Penal Law § 20.05; People v Gemmill, 146 A.D.2d 951).
We have reviewed the appellant's remaining contentions and find them to be without merit. Rosenblatt, J.P., Miller, Ritter and Pizzuto, JJ., concur.