IN THE MATTER OF ARIEL C.


55 A.D.3d 309 (2008)

864 N.Y.S.2d 32

In the Matter of ARIEL C., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

October 2, 2008.


The court's finding was based on legally sufficient evidence. Although the victim was unable to identify appellant as the person who took her cell phone, and although Family Court Act § 343.2 requires that the testimony of an accomplice be corroborated, the record supports the court's implicit finding that the identifying witness was not an accomplice within the meaning of the statute. The evidence did not establish that the witness was an accomplice as a matter of law...

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