In re Preston S.

Appellate Division of the Supreme Court of New York

In re Preston S.

309 A.D.2d 589, 765 N.Y.S.2d 359, 2003 N.Y. App. Div. LEXIS 10578

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

DecidedOctober 14, 2003

StatusPublished

This text of 309 A.D.2d 589 (In re Preston S.) 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 Preston S., 309 A.D.2d 589, 765 N.Y.S.2d 359, 2003 N.Y. App. Div. LEXIS 10578 (N.Y. Ct. App. 2003).

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Opinion

Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about November 22, 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 attempted robbery in the second degree, attempted grand larceny in the fourth degree, attempted assault in the third degree, and menacing in the third degree, and placed him with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The court’s finding as to attempted robbery in the second degree and attempted grand larceny in the fourth degree was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). The evidence established that appellant subdued the victim by choking him and then blocked an avenue of escape while two others attempted to take his property. The evidence warranted the conclusion that appellant’s actions were intended to assist his companions in taking the victim’s property (see Matter of Juan J., 81 NY2d 739 [1992]). Concur— Nardelli, J.P., Mazzarelli, Andrias, Marlow and Gonzalez, JJ.

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Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about November 22, 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 attempted robbery in the second degree, attempted grand larceny in the fourth degree, attempted assault in the third degree, and menacing in the third degree, and placed him with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The court’s finding as to attempted robbery in the second degree and attempted grand larceny in the fourth degree was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). The evidence established that appellant subdued the victim by choking him and then blocked an avenue of escape while two others attempted to take his property. The evidence warranted the conclusion that appellant’s actions were intended to assist his companions in taking the victim’s property (see Matter of Juan J., 81 NY2d 739 [1992]). Concur— Nardelli, J.P., Mazzarelli, Andrias, Marlow and Gonzalez, JJ.

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Bluebook (online)

309 A.D.2d 589, 765 N.Y.S.2d 359, 2003 N.Y. App. Div. LEXIS 10578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-preston-s-nyappdiv-2003.

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