MATTER OF T.


168 A.D.2d 218 (1990)

In the Matter of Mark T., a Person Alleged to be a Juvenile Delinquent, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 4, 1990


Appellant and two others approached Keith Francis and Victor Mercado, 11th grade students, on the street. One of appellant's accomplices asked Keith if he had any money, while appellant held Victor in a chokehold. Keith handed over his wallet to appellant's accomplice.

The issue on appeal is whether appellant could be lawfully convicted of grand larceny in the fourth degree in view of the fact that he was acquitted of robbery. A verdict is inconsistent where acquittal...

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