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IN THE MATTER OF KADEEM W.

5 N.Y.3d 864 (2005)

842 N.E.2d 15

808 N.Y.S.2d 130

In the Matter of KADEEM W., a Person Alleged to be a Juvenile Delinquent, Respondent.

Court of Appeals of the State of New York.

Decided November 21, 2005.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Karen Griffin, Elizabeth S. Natrella and Leonard Koerner of counsel), for appellant.

Legal Aid Society, New York City (Judith Stern and Steven Banks of counsel), for respondent.

Before: Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum; Judge G.B. SMITH dissents and votes to affirm in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to that Court for further proceedings in accordance with this memorandum.

While not overwhelming, there was legally sufficient evidence to hold Kadeem W. responsible as an accessory for Takim N.'s conduct; therefore, the Appellate Division erred in reversing Family Court's determination for legal insufficiency. We remit...

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