Opinion
September 27, 1990
Appeal from the Family Court, New York County (Leah Marks, J.).
Upon reviewing the evidence adduced at the fact-finding hearing, we find no basis to disturb the trier of fact's determination to credit the testimony of the complainant, and that legally sufficient evidence was adduced in support of the finding of guilt concerning the two offenses.
Appellant, who knew in advance that one of his two cohorts intended to steal a bicycle from the 11-year-old complainant, stood by with fists clenched while appellant's cohort pushed complainant off his bike and punched him to the ground. When the complainant attempted to get up, appellant stepped forward threateningly, causing the complainant to back down. Afterwards, appellant and a third youth rode away on another bike. Appellant's conduct in discouraging complainant's resistance constituted sufficient evidence to hold appellant liable as an accessory. (People v. Crutchfield, 149 A.D.2d 857, lv denied 74 N.Y.2d 738.)
Lastly, we find that the hearing court properly intervened in the examination of the complainant in order to elicit significant facts. (See, People v. Guarino, 131 A.D.2d 875, 876, lv denied 70 N.Y.2d 875.)
Concur — Murphy, P.J., Sullivan, Carro and Milonas, JJ.