Matter of Anais B.
2012 NY Slip Op 00033 [91 AD3d 443]
January 5, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 29, 2012


In the Matter of Anais B., a Person Alleged to be a Juvenile Delinquent, Appellant.

[*1] Kenneth M. Tuccillo, Hastings-on-Hudson, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Scott Shorr of counsel), for presentment.

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about January 21, 2010, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that she committed an act that, if committed by an adult, would constitute the crime of attempted assault in the third degree, and imposed a conditional discharge for a period of 12 months, unanimously affirmed, without costs.

The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. Although the victim did not identify appellant as one of her assailants, appellant's confession established her accessorial liability. The evidence also warranted the inference that appellant intended to cause physical injury to the victim. Concur—Saxe, J.P., Sweeny, Moskowitz, Manzanet-Daniels and RomÁn, JJ.