In re Tyquan N.

Appellate Division of the Supreme Court of New York

In re Tyquan N.

25 A.D.3d 502, 808 N.Y.S.2d 210

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

DecidedJanuary 26, 2006

StatusPublished

Cited by2 cases

This text of 25 A.D.3d 502 (In re Tyquan N.) 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 Tyquan N., 25 A.D.3d 502, 808 N.Y.S.2d 210 (N.Y. Ct. App. 2006).

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Opinion

Order of disposition, Family Court, Bronx County (Alma Cordova, J.), entered on or about August 20, 2004, which [503]*503adjudicated appellant a juvenile delinquent upon a fact-finding determination that he had committed acts which, if committed by an adult, would constitute the crimes of robbery in the second degree and grand larceny in the fourth degree, and placed him on probation for a period of 12 months, unanimously reversed, on the law, without costs, and the petition dismissed.

As the presentment agency concedes, the court’s finding was not based on legally sufficient evidence. The evidence established only that before and after the incident appellant and another were in the company of the person who robbed the victim; no evidence was adduced that appellant “solicited], requested], commanded], importune[d], or intentionally aid[ed]” (Penal Law § 20.00) the commission of the crime. As in Matter of Lamar McL. (19 AD3d 234 [2005]), appellant’s mere presence in the vicinity of the crime was not sufficient. Concur—Mazzarelli, J.P., Saxe, Nardelli, Sweeny and McGuire, JJ.

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Order of disposition, Family Court, Bronx County (Alma Cordova, J.), entered on or about August 20, 2004, which [503]*503adjudicated appellant a juvenile delinquent upon a fact-finding determination that he had committed acts which, if committed by an adult, would constitute the crimes of robbery in the second degree and grand larceny in the fourth degree, and placed him on probation for a period of 12 months, unanimously reversed, on the law, without costs, and the petition dismissed.

As the presentment agency concedes, the court’s finding was not based on legally sufficient evidence. The evidence established only that before and after the incident appellant and another were in the company of the person who robbed the victim; no evidence was adduced that appellant “solicited], requested], commanded], importune[d], or intentionally aid[ed]” (Penal Law § 20.00) the commission of the crime. As in Matter of Lamar McL. (19 AD3d 234 [2005]), appellant’s mere presence in the vicinity of the crime was not sufficient. Concur—Mazzarelli, J.P., Saxe, Nardelli, Sweeny and McGuire, JJ.

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Bluebook (online)

25 A.D.3d 502, 808 N.Y.S.2d 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tyquan-n-nyappdiv-2006.

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