Legal Opinion

In re Wendy J.

Appellate Division of the Supreme Court of the State of New York

Decided September 29, 1995PublishedCited by 1 opinion

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

  1. People v. GainesAppellate Division of the Supreme Court of the State of New York · 1988
  2. People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by1 opinion

  1. Matter of Carmela H. (Danielle F.)Appellate Division of the Supreme Court of the State of New York · 2018

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