IN RE: MERRIEL B. (2004)

Supreme Court, Appellate Division, First Department, New York.

IN RE: MERRIEL B., etc., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.

Decided: July 01, 2004

BUCKLEY, P.J., MAZZARELLI, FRIEDMAN, GONZALEZ, CATTERSON, JJ.

Monica Drinane, The Legal Aid Society, New York, and Proskauer Rose LLP, New York (Devin Jai Burstein of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about July 10, 2003, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of robbery in the second degree, and placed him with the New York State Office of Children and Family Services for a period of up to 18 months, unanimously affirmed, without costs.

The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning identification and credibility. Appellant's larcenous intent may be inferred from his participation in an attack upon the victim, during which property was taken, since this unprovoked attack had no apparent motive other than robbery (see e.g. Matter of Eliazar G., 4 A.D.3d 157, 772 N.Y.S.2d 259).

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