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In Re Richard G.

New York Supreme Court Appellate Division, First Department


May 3, 2012

IN RE RICHARD G., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT.

Matter of Richard G.

Decided on May 3, 2012

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Sweeny, Moskowitz, Freedman, Manzanet-Daniels, JJ.

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about April 7, 2011, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, 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 affirmed, without costs.

The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. Appellant's conduct before, during, and after the robbery, including his demeanor and his positioning in relation to the victim and the other participants, was inconsistent with that of a mere bystander; instead, this pattern of conduct established appellant's accessorial liability (see Matter of Justice G., 22 AD3d 368 [2005]).

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

ENTERED: MAY 3, 2012

CLERK

20120503

© 1992-2012 VersusLaw Inc.



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