In re Deidra J.

Appellate Division of the Supreme Court of New York

In re Deidra J.

243 A.D.2d 276, 663 N.Y.S.2d 20, 1997 N.Y. App. Div. LEXIS 9375

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

DecidedOctober 7, 1997

StatusPublished

Cited by1 cases

This text of 243 A.D.2d 276 (In re Deidra J.) 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 Deidra J., 243 A.D.2d 276, 663 N.Y.S.2d 20, 1997 N.Y. App. Div. LEXIS 9375 (N.Y. Ct. App. 1997).

Pincite

Opinion

Order of disposi[277]*277tion, Family Court, New York County (Leah Marks, J.), entered on or about December 2, 1996, which adjudicated appellant a juvenile delinquent, following a fact-finding determination that she committed acts which, if committed by an adult, would constitute the crimes of robbery in the third degree, criminal possession of stolen property in the fifth degree and criminal possession of an anti-security item, and placed her with the Division for Youth for a period of 18 months, with a six month minimum, unanimously affirmed, without costs.

The court’s findings were based on legally sufficient evidence and were not against the weight of the evidence. There was ample evidence that appellant used force to retain shoplifted property, and not merely to escape. When approached, appellant struggled vigorously with the security guard and another store employee while continuously retaining possession of, and trying to escape with, the stolen merchandise (People v Safon, 166 AD2d 892, lv denied 76 NY2d 990).

We have considered appellant’s other arguments and find them to be without merit. Concur—Milonas, J. P., Rubin, Tom, Andidas and Colabella, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order of disposi[277]*277tion, Family Court, New York County (Leah Marks, J.), entered on or about December 2, 1996, which adjudicated appellant a juvenile delinquent, following a fact-finding determination that she committed acts which, if committed by an adult, would constitute the crimes of robbery in the third degree, criminal possession of stolen property in the fifth degree and criminal possession of an anti-security item, and placed her with the Division for Youth for a period of 18 months, with a six month minimum, unanimously affirmed, without costs.

The court’s findings were based on legally sufficient evidence and were not against the weight of the evidence. There was ample evidence that appellant used force to retain shoplifted property, and not merely to escape. When approached, appellant struggled vigorously with the security guard and another store employee while continuously retaining possession of, and trying to escape with, the stolen merchandise (People v Safon, 166 AD2d 892, lv denied 76 NY2d 990).

We have considered appellant’s other arguments and find them to be without merit. Concur—Milonas, J. P., Rubin, Tom, Andidas and Colabella, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

243 A.D.2d 276, 663 N.Y.S.2d 20, 1997 N.Y. App. Div. LEXIS 9375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-deidra-j-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack