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MATTER OF TYRONE P.

42 A.D.3d 170 (2007)

837 N.Y.S.2d 49

In the Matter of TYRONE 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 24, 2007.

Attorney(s) appearing for the Case

Tamara A. Steckler, the Legal Aid Society, New York City (Diane Pazar and Willie Jones of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Larry A. Sonnenshein and Leonard Koerner of counsel), for presentment agency.

MAZZARELLI, J.P., ANDRIAS, GONZALEZ and CATTERSON, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

Appellant's delinquency adjudication is based on testimony by two witnesses who perceived him to have been part of a group of youths that assaulted, robbed and menaced a man in Central Park. Although the identifying witnesses placed appellant in the vicinity of the complainant immediately after the attack, as the perpetrators were dispersing, neither of these witnesses testified that he actually saw appellant strike the...

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