In re William A.
Appeal from an order of the Family Court of Clinton County (Lawliss, J), entered April 24, 2003, as amended by an order entered May 20, 2003, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 3, to adjudicate respondent a juvenile delinquent and placed him in the custody of the Office of Children and Family Services for a period of one year.
Following a fact-finding hearing held in March 2003, Family Court found that respondent committed an act which, if committed by an adult, would constitute the crime of burglary in the third degree and, after the dispositional hearing, adjudicated him a juvenile delinquent.
When examining evidence for legal sufficiency, we must determine whether there is “any valid line of reasoning and permissible inferences which could lead a rational person to the conclusion reached by the [factfinder] on the basis of the evi
Turning to the proof, petitioner produced evidence that on Sunday afternoon, February 9, 2003, Steven Biswell, pastor of the Elizabeth Street Wesleyan Church in the City of Plattsburgh, Clinton County, entered the church by unlocking a side door. Upon entering, he saw respondent standing in a hallway outside of the secretary’s office. In response to an inquiry, respondent stated that “he was getting in out of the snow.” When asked why he was wandering around the offices, respondent denied that he had been in the offices. Respondent gave an incorrect name and address. After that conversation, respondent stated that he had to go home and exited through a door on the side of the church opposite the one Biswell had entered. At that time, Biswell checked three places where petty cash was kept and discovered that $60 was missing from his desk drawer where he had placed it the previous day. Biswell ran out looking for respondent and saw him about a half a block up the street. He called to respondent to come back and respondent complied. Biswell watched respondent return and did not see him drop anything. He told respondent that he was missing some money and had him wait until the police arrived. After giving the police his correct name, respondent emptied his pockets, revealing a pocket knife and a curved type of knife with a big handle but no money. There was no evidence that the odd-shaped knife constituted a burglar’s tool or was used to gain entry to the church.
Biswell further testified that he believed that all the doors had been locked at the time of respondent’s entry, that respondent was not a member of the congregation and did not have permission to be in the church. He conceded, however, that his office was unlocked and that church services had occurred between the time that he last saw the $60 and his discovery that it was missing. He also noted that it had snowed on February 9,
Respondent testified that on February 9, 2003, he was wearing a pair of old sneakers with holes in them. He was walking home through the snow and entered the church through an open side door because his feet were wet and cold and he wanted to warm up. He believed that churches were open to the public. He stated that he had been standing in the hallway when confronted by the pastor and denied entering any offices or taking money. He testified that he found the odd-shaped knife behind a tool shed at his sister’s home and picked it up because it was “cool.” He did not give the pastor his real name and address because he did not think the pastor needed to know that information. He denied seeing Biswell two weeks earlier in front of the church or pulling on the front doors.
Even if, as respondent contends, the side door was unlocked, that fact does not preclude a finding that his entry was unlawful (see People v Terry,
Mercure, Peters, Mugglin and Kane, JJ., concur. Ordered that
Notes
Family Court dismissed the allegation in the petition that respondent committed an act which, if committed by an adult, would constitute the crime of possession of burglar’s tools.