In re Shaheed W.

Appellate Division of the Supreme Court of New York

In re Shaheed W.

294 A.D.2d 312, 742 N.Y.S.2d 544, 2002 N.Y. App. Div. LEXIS 5585

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

DecidedMay 30, 2002

StatusPublished

This text of 294 A.D.2d 312 (In re Shaheed W.) 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 Shaheed W., 294 A.D.2d 312, 742 N.Y.S.2d 544, 2002 N.Y. App. Div. LEXIS 5585 (N.Y. Ct. App. 2002).

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Opinion

—Order, Family Court, Bronx County (Harold Lynch, J.), entered on or about January 26, 2001, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of attempted robbery in the second degree, and placed him with the New York State Office of Children and Family Services in a limited secure facility 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. There is no basis upon which to disturb the court’s determinations concerning identification. The elements of attempted robbery in the second degree were established by evidence that appellant and two others rushed toward the victim and surrounded him, whereupon, from a distance of two feet, appellant demanded the victim’s chains (see, Matter of Jordan G., 235 AD2d 290). Concur—Buckley, J.P., Rosenberger, Lerner, Rubin and Marlow, JJ.

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—Order, Family Court, Bronx County (Harold Lynch, J.), entered on or about January 26, 2001, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of attempted robbery in the second degree, and placed him with the New York State Office of Children and Family Services in a limited secure facility 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. There is no basis upon which to disturb the court’s determinations concerning identification. The elements of attempted robbery in the second degree were established by evidence that appellant and two others rushed toward the victim and surrounded him, whereupon, from a distance of two feet, appellant demanded the victim’s chains (see, Matter of Jordan G., 235 AD2d 290). Concur—Buckley, J.P., Rosenberger, Lerner, Rubin and Marlow, JJ.

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Bluebook (online)

294 A.D.2d 312, 742 N.Y.S.2d 544, 2002 N.Y. App. Div. LEXIS 5585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-shaheed-w-nyappdiv-2002.

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