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Matter of Yiell C

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1998
253 A.D.2d 718 (N.Y. App. Div. 1998)

Opinion

September 29, 1998

Appeal from the Family Court, New York County (Mary Bednar, J.).


The fact-finding determination was based on legally sufficient evidence and was not against the weight of the evidence. Appellant's intent to appropriate the beeper from the complainant was adequately demonstrated by his stated demand that the complainant turn it over, a demand lacking any non-larcenous explanation. Defendant's conduct in abandoning the beeper was not inconsistent with the original larcenous intent ( People v. Smith, 140 A.D.2d 259, lv denied 72 N.Y.2d 924).

Concur — J. P., Nardelli, Rubin, Tom and Mazzarelli, JJ.


Summaries of

Matter of Yiell C

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1998
253 A.D.2d 718 (N.Y. App. Div. 1998)
Case details for

Matter of Yiell C

Case Details

Full title:In the Matter of YIELL C., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Sep 29, 1998

Citations

253 A.D.2d 718 (N.Y. App. Div. 1998)
679 N.Y.S.2d 364

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