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In re Ceasar O.
Citations: 227 A.D.2d 103; 641 N.Y.S.2d 311; 1996 N.Y. App. Div. LEXIS 4710
Court: Appellate Division of the Supreme Court of the State of New York; May 2, 1996; New York; State Appellate Court
The Family Court of New York County, presided by Judge George Jurow, issued an Order of Disposition on or about March 10, 1995, adjudicating the respondent-appellant as a juvenile delinquent. The finding was based on the determination that he committed acts constituting robbery in the second and third degrees, petit larceny, and criminal possession of stolen property in the fifth degree, as defined for adults. The court placed him on probation for 18 months. The decision was unanimously affirmed, with no costs awarded. The evidence was viewed favorably towards the presentment agency, particularly the complainant's testimony which indicated that the appellant took a bag of food while being attacked by a group of five or six individuals. This testimony was deemed legally sufficient to establish the appellant's in-concert liability for the robbery charges. Although there were circumstances that may have affected the complainant's ability to observe the appellant during the incident, these credibility issues were appropriately addressed by the Family Court, and the appellate court found no reason to overturn its determination. Judges Murphy, Milonas, Williams, Tom, and Mazzarelli concurred in the decision.