In re Jessica R.

Appellate Division of the Supreme Court of New York

In re Jessica R.

267 A.D.2d 4, 699 N.Y.S.2d 46, 1999 N.Y. App. Div. LEXIS 12382

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

DecidedDecember 2, 1999

StatusPublished

Cited by1 cases

This text of 267 A.D.2d 4 (In re Jessica R.) 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 Jessica R., 267 A.D.2d 4, 699 N.Y.S.2d 46, 1999 N.Y. App. Div. LEXIS 12382 (N.Y. Ct. App. 1999).

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Opinion

—Order of disposition, Family Court, New York- County (Sara Schechter, J.), entered on or about September 19, 1997, which adjudicated appellant a juvenile delinquent, upon a fact-finding determina[5]*5tion that appellant committed acts which, if committed by an adult, would constitute the crimes of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in the fifth degree, and placed her with the New York Foundling Mother-Child Residence for a period of 18 months, 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 intent to aid in the sale of drugs was amply established. She received the drug sale proceeds during the transaction. She remained beside the undercover officer after her companion directed the officer to wait with appellant while he retrieved the drugs, and she still possessed the proceeds when she was arrested. The evidence did not support an innocent explanation for appellant’s conduct (see, People v Williams, 172 AD2d 448, affd 79 NY2d 803). Concur — Ellerin, P. J., Rosenberger, Nardelli, Mazzarelli and Friedman, JJ.

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—Order of disposition, Family Court, New York- County (Sara Schechter, J.), entered on or about September 19, 1997, which adjudicated appellant a juvenile delinquent, upon a fact-finding determina[5]*5tion that appellant committed acts which, if committed by an adult, would constitute the crimes of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in the fifth degree, and placed her with the New York Foundling Mother-Child Residence for a period of 18 months, 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 intent to aid in the sale of drugs was amply established. She received the drug sale proceeds during the transaction. She remained beside the undercover officer after her companion directed the officer to wait with appellant while he retrieved the drugs, and she still possessed the proceeds when she was arrested. The evidence did not support an innocent explanation for appellant’s conduct (see, People v Williams, 172 AD2d 448, affd 79 NY2d 803). Concur — Ellerin, P. J., Rosenberger, Nardelli, Mazzarelli and Friedman, JJ.

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Bluebook (online)

267 A.D.2d 4, 699 N.Y.S.2d 46, 1999 N.Y. App. Div. LEXIS 12382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jessica-r-nyappdiv-1999.

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