In re Jamel W.

Appellate Division of the Supreme Court of New York

In re Jamel W.

255 A.D.2d 196, 679 N.Y.S.2d 815, 1998 N.Y. App. Div. LEXIS 12440

Appellate Division of the Supreme Court of the State of New York·Decided November 17, 1998·Published·Cited by 1 cases

Opinion

—Order of disposition, Family Court, New York County (George Jurow, J.), entered on or about September 4, 1997, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed an act which, if committed by an adult, would constitute the crime of attempted robbery in the second degree, and placed him on probation for a period of 2 years, unanimously affirmed, without costs.

[197] The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. Appellant’s actions in “joining] in a formation which entrapped the victim while others [attempted] the robbery is sufficient to establish in-concert liability for robbery notwithstanding that [appellant] never spoke to or touched the victim” (Matter of Eric R., 213 AD2d 310, 311; see also, People v Corbett, 162 AD2d 415, lv denied 77 NY2d 837). Concur — Ellerin, J. P., Williams, Mazzarelli and Saxe, JJ.

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—Order of disposition, Family Court, New York County (George Jurow, J.), entered on or about September 4, 1997, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed an act which, if committed by an adult, would constitute the crime of attempted robbery in the second degree, and placed him on probation for a period of 2 years, unanimously affirmed, without costs.

[197] The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. Appellant’s actions in “joining] in a formation which entrapped the victim while others [attempted] the robbery is sufficient to establish in-concert liability for robbery notwithstanding that [appellant] never spoke to or touched the victim” (Matter of Eric R., 213 AD2d 310, 311; see also, People v Corbett, 162 AD2d 415, lv denied 77 NY2d 837). Concur — Ellerin, J. P., Williams, Mazzarelli and Saxe, JJ.

In re Jamel W., 255 A.D.2d 196, 679 N.Y.S.2d 815, 1998 N.Y. App. Div. LEXIS 12440 (N.Y. Ct. App. 1998).

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Opinion

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