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IN RE DANIELLE V
Appellate Division of the Supreme Court of New York, First Department.
Apr 23, 2002
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The court's finding was based on legally sufficient evidence and was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490). The evidence warranted a reasonable inference that appellant and a group of other youths advanced upon a group of police officers in a subway station with the joint purpose of engaging in "tumultuous and violent conduct likely to cause public alarm", within the meaning of Penal Law ยง 240.10.
The disposition was the least restrictive alternative, given appellant's need for supervision (see, Matter of Katherine W., 62 N.Y.2d 947).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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