MATTER OF LEONEL T.

2010-00526.

78 A.D.3d 1188 (2010)

912 N.Y.S.2d 280

In the Matter of LEONEL T., a Person Alleged to be a Juvenile Delinquent, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 30, 2010.


Ordered that the order of disposition is reversed, on the facts, without costs or disbursements, the fact-finding order is vacated, and the petition is dismissed.

"To sustain a determination based upon accessorial liability, the evidence, when viewed in a light most favorable to the presentment agency, must prove beyond a reasonable doubt that the accused acted with the mental culpability necessary to commit the act charged and that, in furtherance thereof, he solicited...

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