Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: SHACARLA “CC”,1 Alleged to be a Juvenile Delinquent. Robert A. Groff Jr., as Assistant Chemung County Attorney, Respondent; Shacarla “CC”, Appellant.
Appeal from an order of the Family Court of Chemung County (O'Shea, J.), entered January 30, 1997, which granted petitioner's application, in a proceeding pursuant to Family Court Act article 3, to adjudicate respondent a juvenile delinquent.
Respondent contends that petitioner failed to establish beyond a reasonable doubt that she engaged in conduct which, if committed by an adult, would constitute the crime of robbery in the second degree (see, Family Ct. Act § 342.2[2] ). Testimony at the fact-finding hearing disclosed that the 12-year-old victim and a companion were approached on the street by respondent and several other girls on the evening of September 21, 1996. Respondent requested the victim to disclose the contents of a shopping bag she was carrying. After the victim complied with the request by opening the bag “just a little”, respondent, along with at least one other girl, grabbed it. The victim's attempts to resist were unsuccessful and the bag was torn away from her (see, Matter of Jamal M., 187 A.D.2d 654, 655, 590 N.Y.S.2d 265). The victim then ran home and requested her older sister to call the police. Respondent and her cohorts proceeded to seize the contents of the bag, which were then all over the sidewalk. Subsequent requests that these items be returned were refused.
While respondent denied any direct participation in the incident, we note that Family Court serves as the trier of fact and its credibility determinations are to be accorded great weight (see, Matter of Robert R., 238 A.D.2d 426, 657 N.Y.S.2d 355; Matter of Gaylord II, 106 A.D.2d 823, 824-825, 484 N.Y.S.2d 224). Conferring the appropriate deference to Family Court's resolution of the conflicting testimony and viewing the evidence in the light most favorable to petitioner (see, id.), we are satisfied that respondent's guilt was established be-yond a reasonable doubt (see, Penal Law § 160.10[1]; Matter of Charmaine J., 236 A.D.2d 474, 654 N.Y.S.2d 606; Matter of Jamal M., supra; see generally, Matter of Brian D., 237 A.D.2d 355, 654 N.Y.S.2d 412; Matter of Robert L., 233 A.D.2d 238, 649 N.Y.S.2d 708).
ORDERED that the order is affirmed, without costs.
CARPINELLO, Justice.
MIKOLL, J.P., and CREW, YESAWICH and SPAIN, JJ., concur.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: April 16, 1998
Court: Supreme Court, Appellate Division, Third Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)