In re Carmelo N.
Opinion of the Court
After a hearing, the appellant was found to have acted as a lookout for a friend who stole a cellular telephone from the complainant’s car after breaking its front passenger-side window with his fist. As a result, the Family Court determined that the appellant was an accomplice and adjudicated him a juvenile delinquent. On appeal, the appellant contends that the evidence was legally insufficient to establish that he acted as an accomplice. We disagree.
A person’s mere presence at the scene of the crime, even with knowledge of its perpetration, cannot render him or her accessorially liable for the underlying criminal conduct (see, People v Strawder, 124 AD2d 758, 759; People v Reyes, 82 AD2d 925). In this case, however, when viewed in the light most favorable to the presentment agency (see, People v Contes, 60 NY2d 620; Matter of Jamal C., 186 AD2d 562, 563), the evidence was legally sufficient to prove beyond a reasonable doubt that the appellant acted as a lookout for, and therefore as an
Case-law data current through December 31, 2025. Source: CourtListener bulk data.