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In the Matter of TYSON M., a Person Alleged to be a Juvenile Delinquent, Appellant.

Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, as that order was superseded by the order of disposition; and it is further,

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

Contrary to the appellant's contentions, we find that the evidence was legally sufficient to establish that he had constructive possession of the stolen vehicle (see, People v Jenkins, 143 A.D.2d 846), and thus supported the findings of the Family Court that he had committed acts, which, if committed by an adult, would constitute the crimes of criminal possession of stolen property in the fifth degree, and unauthorized use of a vehicle in the third degree.

Moreover, the evidence presented at trial, including evidence that the vehicle's steering column had been broken, warranted a finding that the appellant had damaged the vehicle without the permission of the owner, and thus supported the court's findings that the appellant had committed acts, which, if committed by an adult, would constitute the crimes of auto stripping in the second degree and criminal mischief in the fourth degree (see, People v. Williams, 172 A.D.2d 706). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.

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MATTER OF TYSON
(Jul 19, 1993)