In re Joshua J.

Appeal from an order of the Family Court of Chemung County (Castellino, J.), entered December 6, 1994, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 3, to adjudicate respondent a juvenile delinquent.

We reject the contention that petitioner failed to establish beyond a reasonable doubt that respondent engaged in conduct which, if committed by an adult, would be a crime (Family Ct *708Act § 342.2 [2]). At the fact-finding hearing, respondent’s schoolmate, Matthew Burin, testified that he was with respondent and several other of their friends at the…