In re Taalib B.

Appellate Division of the Supreme Court of New York

In re Taalib B.

273 A.D.2d 27, 708 N.Y.S.2d 404, 2000 N.Y. App. Div. LEXIS 6369

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

DecidedJune 6, 2000

StatusPublished

Cited by4 cases

This text of 273 A.D.2d 27 (In re Taalib 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 Taalib B., 273 A.D.2d 27, 708 N.Y.S.2d 404, 2000 N.Y. App. Div. LEXIS 6369 (N.Y. Ct. App. 2000).

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Opinion

Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about February 3, 1999, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crime of attempted robbery in the third degree, and placed him on probation for a period of 24 months and ordered him to perform 100 hours of community service, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. The evidence clearly established appellant’s knowledge of, and intentional participation in, an attempted robbery where he entered a subway car with a group of juveniles who associated with each other for about 10 minutes, approached the complainant in unison, surrounded him, made threats and demands, went through the complainant’s pockets, and dispersed together at the sight of a police officer. Appellant was at all times in close proximity to the complainant and the other juveniles, and his accessorial role could be readily inferred from the totality of circumstances. Concur — Williams, J. P., Ellerin, Wallach and Rubin, JJ.

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Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about February 3, 1999, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crime of attempted robbery in the third degree, and placed him on probation for a period of 24 months and ordered him to perform 100 hours of community service, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. The evidence clearly established appellant’s knowledge of, and intentional participation in, an attempted robbery where he entered a subway car with a group of juveniles who associated with each other for about 10 minutes, approached the complainant in unison, surrounded him, made threats and demands, went through the complainant’s pockets, and dispersed together at the sight of a police officer. Appellant was at all times in close proximity to the complainant and the other juveniles, and his accessorial role could be readily inferred from the totality of circumstances. Concur — Williams, J. P., Ellerin, Wallach and Rubin, JJ.

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Bluebook (online)

273 A.D.2d 27, 708 N.Y.S.2d 404, 2000 N.Y. App. Div. LEXIS 6369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-taalib-b-nyappdiv-2000.

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