Matter of Jordan R.B.
2004 NY Slip Op 02028 [5 AD3d 1091]
March 19, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 26, 2004


In the Matter of Jordan R.B., Appellant. Jefferson County Attorney, Respondent. (Appeal No. 2.)

Appeal from an order of the Family Court, Jefferson County (Richard V. Hunt, J.), entered March 13, 2003. The order adopted and continued a prior order of disposition, dated July 16, 2002.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792, 793 [1987]), we conclude that Family Court's finding that respondent committed an act that, if committed by an adult, would constitute the crime of criminal mischief in the fourth degree (Penal Law § 145.00 [1]) is supported by legally sufficient evidence. Contrary to the contention of respondent, the evidence is legally sufficient to establish that he intended to break the window at issue, which was located in a bedroom at the Children's Home of Jefferson County. Intent may be inferred from respondent's conduct and the surrounding circumstances (see Matter of Margaret A.W., 1 AD3d 881 [2003]; Matter of Marcel F., 233 AD2d 442 [1996]) and, here, the evidence establishes that respondent was angry and used vulgar language just before breaking the window and that he punched the window twice, whereupon it shattered. Present—Pigott, Jr., P.J., Green, Hurlbutt, Scudder and Lawton, JJ.