On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FJ-12-000899-07.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Lisa and Lihotz.
Following a bench trial, T.G., a juvenile, was adjudicated delinquent based on a finding he committed conduct that, if attributed to an adult, would constitute second-degree robbery, N.J.S.A. 2C:15-1a(1). T.G. appeals from the Family Part order that adjudicated him delinquent and committed him to the custody of the Juvenile Justice Commission (JJC) for two years, arguing:
A JUDGMENT OF ACQUITTAL SHOULD BE ENTERED BECAUSE THE STATE FAILED TO PROVE THAT THE JUVENILE SHARED A PURPOSE TO COMMIT AN ACT OF DELINQUENCY.
THE DISPOSITION OF THE TRIAL COURT WHEREIN IT COMMITTED T.G. TO THE JUVENILE JUSTICE COMMISSION FOR A PERIOD OF [TWO] YEARS WAS EXCESSIVE.
These facts were presented at trial. On May 6, 2006, around 7:30 p.m., fifteen-year old W.B. was riding his bicycle along a trail near Martin Luther King Elementary School in Piscataway. As W.B. rode on the bike trail, two cars approached and stopped. W.B. believed there were four passengers in each of the two cars and he was certain four passengers exited and came towards him. Three youths wore long white t-shirts and tied a second t-shirt over their face "like a mask." The fourth person was T.G. who wore a tank top, a black t-shirt tied over his mouth, and a "doo rag" on his head.
One youth approached W.B., hit him in the eye and knocked him off of his bicycle. As W.B. rose to his feet, two others attacked him. In total, W.B. was struck by three different people, receiving resultant injuries of a black eye, a "busted" lip, and broken glasses. The assailants took fourteen dollars and W.B.'s bicycle.
W.B. was not familiar with the three youths who assaulted him, however, he recognized the fourth person as T.G., whom he knew from school. W.B. said he was certain it was T.G. because he recognized his distinctive sideburns and distinguished his eyes. W.B. stated T.G. did not hit ...