In re Bianca W., 267 A.D.2d 463 (N.Y. App. Div. 1999). · Go Syfert
In re Bianca W., 267 A.D.2d 463 (N.Y. App. Div. 1999). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Justin M. (nyappdiv, 2017-07-12)
Top citers, strongest first. 7 distinct citers.
discussed Cited as authority (rule) Matter of Justin M.
N.Y. App. Div. · 2017 · confidence medium
A determination premised upon accessorial liability requires proof 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, requested, commanded, importuned, or intentionally aided the principal to commit such act (see Penal Law § 20.00; Family Ct Act § 342.2 [2]; Matter of Leonel T., 78 AD3d 1188, 1189 [2010]; Matter of *604 Derrick McM., 23 AD3d 474, 475 [2005]; Matter of Bianca W., 267 AD2d 463, 464 [1999]).
discussed Cited as authority (rule) People v. Marchena
N.Y. App. Div. · 2014 · confidence medium
“To sustain a conviction based upon accessorial liability, ‘the evidence . . . must prove beyond a reasonable doubt that the accused acted with the mental culpability necessary to commit the crime charged and that, in furtherance thereof, he solicited, requested, commanded, importuned or intentionally aided the principal to commit such crime’ ” (People v Farrell, 61 AD3d 696 , 697 [2009], quoting Matter of John G., 118 AD2d 646, 646 [1986]; see Penal Law § 20.00; People v Mendez, 34 AD3d 697, 698 [2006]; Matter of Bianca W., 267 AD2d 463, 464 [1999]; Matter of Peter J., 184 AD2d 511, …
discussed Cited as authority (rule) People v. Marchena
N.Y. App. Div. · 2014 · confidence medium
“To sustain a conviction based upon accessorial liability, ‘the evidence . . . must prove beyond a reasonable doubt that the accused acted with the mental culpability necessary to commit the crime charged and that, in furtherance thereof, he solicited, requested, commanded, importuned or intentionally aided the principal to commit such crime’ ” (People v Farrell, 61 AD3d 696 , 697 [2009], quoting Matter of John G., 118 AD2d 646, 646 [1986]; see Penal Law § 20.00; People v Mendez, 34 AD3d 697, 698 [2006]; Matter of Bianca W., 267 AD2d 463, 464 [1999]; Matter of Peter J., 184 AD2d 511, …
discussed Cited as authority (rule) People v. Farrell (2×)
N.Y. App. Div. · 2009 · confidence medium
To sustain a conviction based upon accessorial liability, “the evidence, when viewed in a light most favorable to the prosecution, must prove beyond a reasonable doubt that the accused acted with the mental culpability necessary to commit the crime charged and that, in furtherance thereof, he solicited, requested, commanded, importuned or intentionally aided the principal to commit such crime” (Matter of John G., 118 AD2d 646 [1986]; see Penal Law § 20.00; Matter of Bianca W., 267 AD2d 463, 464 [1999]; Matter of Peter J., 184 AD2d 511, 512 [1992]).
discussed Cited as authority (rule) People v. Arevalo
N.Y. App. Div. · 2008 · confidence medium
Moreover, “the evidence, when viewed in a light most favorable to the prosecution, [proved] beyond a reasonable doubt that the accused acted with the mental culpability necessary to commit the crime charged and that, in furtherance thereof [he or] [she] solicited, requested, commanded, importuned or intentionally aided the principal to commit such crime” (Matter of Bianca W., 267 AD2d 463, 464 [1999]; see People v Mendez, 34 AD3d 697 [2006]; Matter of Peter J., 184 AD2d 511 [1992]).
discussed Cited as authority (rule) People v. Mendez (2×)
N.Y. App. Div. · 2006 · confidence medium
To sustain the convictions for robbery in the second degree based upon accessorial liability, “the evidence, when viewed in a light most favorable to the prosecution, must prove beyond a reasonable doubt that the accused acted with the mental culpability necessary to commit the crime charged and that, in furtherance thereof [he] solicited, requested, commanded, importuned or intentionally aided the principal to commit such crime” (Matter of Bianca W, 267 AD2d 463, 464 [1999] [internal quotation marks omitted]; see Matter of Peter J., 184 AD2d 511, 512 [1992]).
discussed Cited "see, e.g." Matter of Raees T.B.
N.Y. App. Div. · 2019 · signal: see also · confidence low
The evidence does not support the Family Court's determination that the appellant was either present for or involved in the alleged robbery of the complainant (Penal Law § 160.10[1]; see Matter of Robert C ., 67 AD3d 790, 792 ; see also In re Bianca W. , 267 AD2d 463, 464 ).
In the Matter of Bianca W., a Person Alleged to be a Juvenile Delinquent
Appellate Division of the Supreme Court of the State of New York.
Dec 27, 1999.
267 A.D.2d 463
Cited by 11 opinions  |  Published

—In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (McLeod, J.), dated November 12, 1998, which, upon a fact-finding order of the same court dated October 9, 1998, made after a hearing, finding that the appellant had committed acts which, if committed by an adult, would have constituted the crimes of robbery in the second degree, attempted robbery in the second degree, robbery in the third degree, attempted robbery in the third degree, grand larceny in the fourth degree, attempted grand larceny in the fourth degree, criminal mischief in the fourth degree, criminal possession of stolen property in the fifth degree, petit larceny, attempted petit larceny, attempted assault in the third degree, and menacing in the third degree, adjudged her to be a juvenile delinquent and placed her on probation for 12 months. The appeal brings up for review the fact-finding order dated October 9, 1998.

[*464] Ordered that the order of disposition is modified, on the law, by vacating the provisions thereof which adjudicated the appellant a juvenile delinquent based upon the finding that she committed acts which, if committed by an adult, would have constituted the crimes of robbery in the second degree, attempted robbery in the second degree, robbery in the third degree, attempted robbery in the third degree, grand larceny in the fourth degree, attempted grand larceny in the fourth degree, criminal mischief in the fourth degree, criminal possession of stolen property in the fifth degree, petit larceny, and attempted petit larceny, and substituting therefor a provision dismissing counts one through ten of the petition; as so modified, the order of disposition is affirmed, without costs or disbursements, and the fact-finding order is modified accordingly.

The evidence adduced at the fact-finding hearing established that the appellant and her sister were involved in an altercation with the complainant, a neighborhood teenager with whom they were feuding. Although the appellant punched, kicked, and hit the complainant, “[t]o sustain a conviction for robbery in the second degree based upon accessorial liability, the evidence, when viewed in. a light most favorable to the prosecution, must prove beyond a reasonable doubt that the accused acted with the mental culpability necessary to commit the crime charged and that, in furtherance thereof [she] solicited, requested, commanded, importuned or intentionally aided the principal to commit such crime” (Matter of John G., 118 AD2d 646; see also, People v West, 195 AD2d 490, 491; Matter of Peter J., 184 AD2d 511, 512).

There was no evidence that the appellant participated in the robbery or was even aware that it took place. Rather, the evidence merely establishes that the appellant kicked and punched the complainant during the scuffle. Based upon the foregoing evidence, it cannot be inferred that the appellant shared her sister’s larcenous intent. Under these circumstances, the presentment agency failed to prove beyond a reasonable doubt that the appellant acted with the requisite mental culpability to commit any of the property-related crimes.

We are not remitting the matter to the Family Court for a new order of disposition since the period of probation imposed on the appellant has expired.

The appellant’s remaining contentions are without merit. Sullivan, J. P., Krausman, McGinity and H. Miller, JJ., concur.