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223 A.D.2d 505
N.Y. App. Div.
1996

Order of disposi*506tion, Family Court, Bronx County (Rita Bolstad, J.), entered November 9, 1994, which adjudicated respondent a juvenile delinquent and conditionally discharged him for 12 months, following a fact-finding determination that respondent committed an act, which, if committed by an adult, would constitute the crime of menacing in the second degree, unanimously affirmed, without costs.

Viewed in a light most favorable to the presentment agency, the evidence of respondent’s repeated acts of stalking, hitting, grabbing and threatening the complainant with physical harm could lead a rational person to infer that respondent intended to place complainant in reasonable fear of physical injury, and thereby was guilty of second degree menacing (Penal Law § 120.14 [2]; see, Matter of Moises O., 189 AD2d 687). That some of these acts occurred while respondent and the complainant were in a dating relationship does not require a finding to the contrary. There is nothing in the statute itself to indicate a legislative intent to immunize stalkers who target persons familiar to them. Concur—Rosenberger, J. P., Rubin, Kupferman, Nardelli and Tom, JJ.

Case Details

Case Name: In re Luis A.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jan 30, 1996
Citations: 223 A.D.2d 505; 637 N.Y.S.2d 374; 1996 N.Y. App. Div. LEXIS 736
Court Abbreviation: N.Y. App. Div.
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