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In re James M

Appellate Division of the Supreme Court of New York, First Department
Apr 26, 2001
282 A.D.2d 396 (N.Y. App. Div. 2001)

Opinion

April 26, 2001.

Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about September 30, 1999, which adjudicated 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 attempted robbery in the first degree (two counts), criminal possession of a weapon in the fourth degree and menacing, and placed him on probation, under the Juvenile Intensive Supervision Program, for a period of 2 years, unanimously affirmed, without costs.

Jonathan M. Kratter, for Appellant.

Elizabeth I. Freedman, for Presentment Agency.

Before: Williams, J.P., Tom, Wallach, Buckley, Friedman, JJ.


The fact-finding determination was based upon 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 credibility. Appellant's larcenous intent was clearly established by his demands, while holding a knife, that the victims surrender items of property, since there was no credible non-larcenous explanation for appellant's conduct (see, Matter of Yiell C., 253 A.D.2d 718).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re James M

Appellate Division of the Supreme Court of New York, First Department
Apr 26, 2001
282 A.D.2d 396 (N.Y. App. Div. 2001)
Case details for

In re James M

Case Details

Full title:IN RE JAMES M., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 26, 2001

Citations

282 A.D.2d 396 (N.Y. App. Div. 2001)
723 N.Y.S.2d 668

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See also, e.g., In re James M., 282 A.D.2d 396, 396,723 N.Y.S.2d 668,668 (1st Dep't 2001) ("Appellant's…