IN THE MATTER OF ERRON M.


4 A.D.3d 303 (2004)

771 N.Y.S.2d 664

In the Matter of ERRON M., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

February 26, 2004.


The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. Appellant's use of force against the victim, during the course of a sexual attack on the victim by appellant's companions, cannot be viewed as mere horseplay, and it warranted the conclusion that appellant shared his companions' intent (see Matter of Juan J., 81 N.Y.2d 739 [1992]; Matter of Carlos L.,

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