IN RE: KHALIF H.

Reset A A Font size: Print

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

IN RE: KHALIF H., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.

Decided: March 24, 2009

TOM, J.P., MAZZARELLI, NARDELLI, CATTERSON, MOSKOWITZ, JJ. Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Dona B. Morris of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Juan M. Merchan, J.), entered on or about July 24, 2008, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he had committed acts which, 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 with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The court's fact-finding determination was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348-349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ).   There is no basis for disturbing the court's determinations concerning credibility.   The testimony of the victim as to appellant's conduct throughout this incident warrants the conclusion that appellant intended to aid his companion in taking the victim's property (see Matter of Juan J., 81 N.Y.2d 739, 740-741, 593 N.Y.S.2d 768, 609 N.E.2d 121 [1992];  People v. Mendez, 34 A.D.3d 697, 698-699, 824 N.Y.S.2d 416 [2006] ).   While appellant's anger over a prior incident may have contributed to the targeting of this victim, the evidence demonstrates that appellant intended to take part in a robbery and not merely to menace or intimidate the victim (see People v. Stewart, 57 A.D.3d 301, 869 N.Y.S.2d 423 [2008] ).