IN THE MATTER OF STACEY P.


7 A.D.3d 300 (2004)

776 N.Y.S.2d 784

IN THE MATTER OF STACEY P., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

May 6, 2004.


There is no basis upon which to disturb the court's credibility determinations. We conclude that, under the particular circumstances, the weight of the credible evidence supports the conclusion that appellant's use of physical force against a store employee was for the purpose of retaining stolen property, and not solely intended to facilitate her escape (cf. People v Nixon, 156 A.D.2d 144 [1989], appeal dismissed ...

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