In re Daunte P.

Appellate Division of the Supreme Court of New York

In re Daunte P.

271 A.D.2d 362, 707 N.Y.S.2d 79, 2000 N.Y. App. Div. LEXIS 4619

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 25, 2000

StatusPublished

This text of 271 A.D.2d 362 (In re Daunte P.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Daunte P., 271 A.D.2d 362, 707 N.Y.S.2d 79, 2000 N.Y. App. Div. LEXIS 4619 (N.Y. Ct. App. 2000).

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Opinion

—Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about October 23, 1998, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of robbery in the second degree, attempted assault in the second degree, attempted assault in the third degree, grand larceny in the fourth degree and criminal possession of stolen property in the fifth degree, and placed him with the Office of Children and Family Services for 3 years, with 12 months in a secure facility, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). Appellant’s accessorial liability was [363]*363amply established by his actions of choking the complainant while his companion took money from the complainant’s pocket, and then punching the complainant in the face at the completion of the crime. The record provides no support for appellant’s claim that he was engaged in playful conduct, unaware that his companion had demanded or taken the complainant’s money. We have considered and rejected appellant’s remaining claims. Concur — Rosenberger, J. P., Nardelli, Tom, Wallach and Saxe, JJ.

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—Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about October 23, 1998, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of robbery in the second degree, attempted assault in the second degree, attempted assault in the third degree, grand larceny in the fourth degree and criminal possession of stolen property in the fifth degree, and placed him with the Office of Children and Family Services for 3 years, with 12 months in a secure facility, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). Appellant’s accessorial liability was [363]*363amply established by his actions of choking the complainant while his companion took money from the complainant’s pocket, and then punching the complainant in the face at the completion of the crime. The record provides no support for appellant’s claim that he was engaged in playful conduct, unaware that his companion had demanded or taken the complainant’s money. We have considered and rejected appellant’s remaining claims. Concur — Rosenberger, J. P., Nardelli, Tom, Wallach and Saxe, JJ.

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Bluebook (online)

271 A.D.2d 362, 707 N.Y.S.2d 79, 2000 N.Y. App. Div. LEXIS 4619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-daunte-p-nyappdiv-2000.

Opinion

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