MATTER OF S.


198 A.D.2d 62 (1993)

603 N.Y.S.2d 437

In the Matter of Latisha S., a Person Alleged to be a Juvenile Delinquent, Appellant

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

November 9, 1993


Contrary to appellant's argument, the record supports beyond a reasonable doubt the court's finding that appellant participated in the underlying felony robbery herein. Although there was conflicting testimony by several eyewitnesses as to the number of attackers, it may reasonably be inferred that the attention of some witnesses was focused only on the final acts of the fast-paced incident, i.e., the actual stabbing by one individual, which was facilitated by another individual holding down the victim's head. Appellant's testimony that she merely sat and watched as her three traveling companions participated in the attempted robbery, beating, and stabbing of the victim, is rendered incredible by appellant's own statements made following her arrest, as well as by the testimony of three out of five eyewitnesses who observed four attackers, including appellant, and by the testimony of a Transit Police Officer explicitly contradicting appellant's testimony regarding her actions immediately following the stabbing. Thus, viewing the evidence in the light most favorable to the presentment agency and giving it the benefit of every reasonable inference (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), appellant's participation in an attempted robbery of the victim, during which the victim was fatally stabbed, was proven beyond a reasonable doubt (People v Bleakley, 69 N.Y.2d 490).


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