Opinion
July 8, 1985
Appeal from the Family Court, Queens County (Corrado, J.).
Fact-finding determination and order of disposition affirmed, without costs or disbursements.
Appellant's guilt was proven beyond a reasonable doubt. The testimony of the complainant and the arresting officer established that the defendant was an accomplice to the forcible stealing of a wallet from the complainant during which the complainant suffered lacerations to the head and hand. Although the evidence produced at the hearing contained some minor inconsistencies concerning the method by which the robbery was accomplished, they did not serve to lessen the appellant's level of involvement in the crime. The appellant was apprehended running from the area by two passersby 1 1/2 blocks away from the scene of the crime. The complainant identified the appellant as being one of his attackers. He identified the appellant in close proximity in time and space to the event, and there has been no allegation of impermissible conduct by the police with respect to the complainant's identification testimony ( see, People v. Love, 57 N.Y.2d 1023). The appellant's exculpatory statement that he was running to catch a subway train is not credible in light of the other testimony. Mangano, J.P., Thompson, Brown and Kunzeman, JJ., concur.