In re Wendy J.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: The record supports Family Court’s finding that respondent committed an act that, if committed by an adult, would constitute the crime of criminal mischief in the fourth degree (Penal Law § 145.00). Evidence that respondent actively assisted in breaking into a house, resulting in damage to that house, is sufficient to establish that respondent intentionally damaged the property of another person (see, People v Gaines, 136 AD2d 731, 734, lv denied 71 NY2d 896; People v Simmons, 99 AD2d 880, 881).
The contention of respondent that the Law…
2Cases cited2 opinions
- People v. GainesAppellate Division of the Supreme Court of the State of New York · 1988
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by1 opinion
- Matter of Carmela H. (Danielle F.)Appellate Division of the Supreme Court of the State of New York · 2018