In re Horatio B.

Appellate Division of the Supreme Court of New York

In re Horatio B.

240 A.D.2d 197, 658 N.Y.S.2d 294, 1997 N.Y. App. Div. LEXIS 6168

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

DecidedJune 10, 1997

StatusPublished

Cited by2 cases

This text of 240 A.D.2d 197 (In re Horatio B.) 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 Horatio B., 240 A.D.2d 197, 658 N.Y.S.2d 294, 1997 N.Y. App. Div. LEXIS 6168 (N.Y. Ct. App. 1997).

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Opinion

Order of disposition, Family Court, New York County (Richard Ross, J.), entered on or about June 24, 1996, which adjudicated appellant a juvenile delinquent, after a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of attempted robbery in the second degree and attempted assault in the second degree, and placed him with the Division for Youth for a period of up to 18 months, unanimously affirmed, without costs.

The factual findings were based on legally sufficient evidence. Appellant’s intent to obtain the complainant’s property by force was proven by testimony that after the complainant indicated that he did not have the cigarette that appellant had requested, appellant’s cohorts surrounded the complainant, whereupon appellant began to strike him with a tree limb and was joined in the attack by his accomplices and that during this attack, which had no apparent motive other than robbery, the assailants attempted to grab at the complainant’s ring, watch and pocket (Matter of Juan J., 81 NY2d 739; Matter of Simone J., 216 AD2d 252).

[198]*198Appellant’s remaining contentions are without merit. Concur—Murphy, P. J., Milonas, Rosenberger, Wallach and Andrias, JJ.

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Order of disposition, Family Court, New York County (Richard Ross, J.), entered on or about June 24, 1996, which adjudicated appellant a juvenile delinquent, after a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of attempted robbery in the second degree and attempted assault in the second degree, and placed him with the Division for Youth for a period of up to 18 months, unanimously affirmed, without costs.

The factual findings were based on legally sufficient evidence. Appellant’s intent to obtain the complainant’s property by force was proven by testimony that after the complainant indicated that he did not have the cigarette that appellant had requested, appellant’s cohorts surrounded the complainant, whereupon appellant began to strike him with a tree limb and was joined in the attack by his accomplices and that during this attack, which had no apparent motive other than robbery, the assailants attempted to grab at the complainant’s ring, watch and pocket (Matter of Juan J., 81 NY2d 739; Matter of Simone J., 216 AD2d 252).

[198]*198Appellant’s remaining contentions are without merit. Concur—Murphy, P. J., Milonas, Rosenberger, Wallach and Andrias, JJ.

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Bluebook (online)

240 A.D.2d 197, 658 N.Y.S.2d 294, 1997 N.Y. App. Div. LEXIS 6168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-horatio-b-nyappdiv-1997.

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