IN RE: JASON B. (1999)

Order of disposition, Family Court, New York County (Clark Richardson, J.), entered on or about January 30, 1998, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed acts which, if committed by an adult, would constitute the crimes of attempted robbery in the third degree, attempted grand larceny in the fourth degree, jostling, and menacing in the third degree, and that appellant had committed a designated felony act, and placed him with the Office of Children and Family Services for a period of 3 years, unanimously modified, on the law, to the extent of vacating the finding that appellant committed a designated felony act and remanding for a new dispositional hearing, and otherwise affirmed, without costs.

 The court's finding as to attempted robbery was based on legally sufficient evidence and was not against the weight of the evidence.   Taking the entire sequence of events as a whole, we find ample evidence of a forcible attempt to take property.

 The court's finding that appellant committed a “designated felony act” on the basis of multiple recidivism (Family Ct Act § 301.2[8][vi] ) was error since he had only one prior finding that he had committed two prior felonies, rather than two prior findings that he had committed a prior felony, as is required by the statute.   We do not read the statute as permitting separate counts of the same petition, involving the same incident, to qualify as the necessary predicate for enhancement (see, Matter of Manuel R., 89 N.Y.2d 1043, 659 N.Y.S.2d 825, 681 N.E.2d 1271;  Matter of Nicholas G., 177 Misc.2d 113, 675 N.Y.S.2d 788).

MEMORANDUM DECISION.