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IN RE ASA A

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2009
67 A.D.3d 1372 (N.Y. App. Div. 2009)

Opinion

No. KA 08-00012.

November 13, 2009.

Appeal from an order of the Family Court, Monroe County (Dandrea L. Ruhlmann, J.), entered September 25, 2008 in a proceeding pursuant to Family Court Act article 3. The order, insofar as appealed from, adjudged that respondent is a juvenile delinquent.

KATHLEEN E. CASEY, BARKER, FOR DEFENDANT-APPELLANT.

MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.

Present: Centra, J.P., Fahey, Peradotto, Carni and Gorski, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order adjudicating him to be a juvenile delinquent based on the finding that he committed an act that, if committed by an adult, would constitute the crimes of assault in the second degree (Penal Law § 120.05) and assault in the third degree (§ 120.00 [2]). Contrary to respondent's sole contention on appeal, we conclude that the evidence is legally sufficient to establish that the police officer involved sustained a physical injury within the meaning of Penal Law § 10.00 (9) ( see People v Chiddick, 8 NY3d 445, 447-448; People v Coombs, 56 AD3d 1195, 1196, lv denied 12 NY3d 782; Matter of Shawn L., 233 AD2d 953).


Summaries of

IN RE ASA A

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2009
67 A.D.3d 1372 (N.Y. App. Div. 2009)
Case details for

IN RE ASA A

Case Details

Full title:In the Matter of ASA A., Appellant. MONROE COUNTY ATTORNEY, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 13, 2009

Citations

67 A.D.3d 1372 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8298
887 N.Y.S.2d 909