Matter of Kenyetta F.
| Decision Date | 04 March 2008 |
| Docket Number | 2007-04323. |
| Citation | 49 A.D.3d 540,855 N.Y.S.2d 170,2008 NY Slip Op 01951 |
| Parties | In the Matter of KENYETTA F., Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order of disposition is modified, on the law by deleting the provisions thereof adjudicating the appellant a juvenile delinquent based upon the finding that she committed acts which, if committed by an adult, would have constituted the crimes of conspiracy in the fifth degree and conspiracy in the sixth degree, and substituting therefor a provision dismissing those counts of the petition; as so modified, the order of disposition is affirmed, without costs or disbursements, and the fact-finding order is modified accordingly.
The appellant approached the complainant on a city street and detained him with questions, thereby enabling other individuals to beat him and steal his property. During this incident, the appellant did nothing to intervene or summon help. She then fled with the attackers.
Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792, 793 [1987]; Matter of Jonathan D., 33 AD3d 996 [2006]), we find that it was legally sufficient to establish that the appellant committed acts which, if committed by an adult, would have constituted robbery in the second degree and assault in the second degree on a theory of accomplice liability (see Penal Law § 160.10 [1]; § 120.05 [6]; § 20.00). The evidence of her conduct before, during, and after the acts established beyond a reasonable doubt...
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