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IN THE MATTER OF FELIX M. (ANONYMOUS), appellant.

DECISION ORDER

ORDERED that the order of disposition is affirmed, without costs or disbursements.

Viewing the evidence in the light most favorable to the presentment agency ( see Matter of Frank C., 283 A.D.2d 643; cf. People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish, beyond a reasonable doubt, that the appellant committed acts which, if committed by an adult, would have constituted the crime of robbery in the second degree. Moreover, upon the exercise of our factual review power, we are satisfied that the finding of the Family Court was not against the weight of the evidence ( see Matter of James B., 262 A.D.2d 480; cf. CPL 470.15).

Contrary to the appellant's contention, the Family Court's mistaken conclusion that grand larceny in the fourth degree was a lesser-included offense of robbery in the second degree constituted harmless error ( cf. People v. Crimmins, 36 N.Y.2d 230) . Accordingly, reversal is not warranted on that ground.

FLORIO, J.P., FEUERSTEIN, CRANE and RIVERA, JJ., concur.

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IN THE MATTER OF FELIX M
(Sep 29, 2003)