In re Erron M.

Appellate Division of the Supreme Court of New York

In re Erron M.

4 A.D.3d 303, 771 N.Y.S.2d 664, 2004 N.Y. App. Div. LEXIS 1992

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

DecidedFebruary 26, 2004

StatusPublished

Cited by1 cases

This text of 4 A.D.3d 303 (In re Erron M.) 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 Erron M., 4 A.D.3d 303, 771 N.Y.S.2d 664, 2004 N.Y. App. Div. LEXIS 1992 (N.Y. Ct. App. 2004).

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Opinion

Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about July 8, 2002, 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 forcible touching (two counts) and unlawful imprisonment in the second degree, and imposed a conditional discharge, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. Appellant’s use of force against the victim, during the course of a sexual attack on the victim by appellant’s companions, cannot be viewed as mere horseplay, and it warranted the conclusion that appellant shared his companions’ intent (see Matter of Juan J., 81 NY2d 739 [1992]; Matter of Carlos L., 256 AD2d 132 [1998]). We have considered and rejected appellant’s other arguments. Concur— Andrias, J.P., Ellerin, Williams and Gonzalez, JJ.

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Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about July 8, 2002, 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 forcible touching (two counts) and unlawful imprisonment in the second degree, and imposed a conditional discharge, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. Appellant’s use of force against the victim, during the course of a sexual attack on the victim by appellant’s companions, cannot be viewed as mere horseplay, and it warranted the conclusion that appellant shared his companions’ intent (see Matter of Juan J., 81 NY2d 739 [1992]; Matter of Carlos L., 256 AD2d 132 [1998]). We have considered and rejected appellant’s other arguments. Concur— Andrias, J.P., Ellerin, Williams and Gonzalez, JJ.

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Bluebook (online)

4 A.D.3d 303, 771 N.Y.S.2d 664, 2004 N.Y. App. Div. LEXIS 1992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-erron-m-nyappdiv-2004.

Opinion

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