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In re Victor

Appellate Division of the Supreme Court of New York, First Department
Oct 11, 2007
44 A.D.3d 410 (N.Y. App. Div. 2007)

Opinion

No. 1682.

October 11, 2007.

Order of disposition, Family Court, Bronx County (Nelida Malave-Gonzalez, J.), entered on or about November 6, 2006, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of obstructing governmental administration in the second degree and resisting arrest, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Norman Corenthal of counsel), for presentment agency.

Before: Andrias, J.P., Friedman, Williams, Buckley and Sweeny, JJ.


The court's finding was based upon legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility ( see People v Bleakley, 69 NY2d 490, 495). The obstructing charge was established by evidence that appellant used physical force to prevent officers from performing the official act of removing him from a school principal's office where he had been behaving disruptively ( see Penal Law § 195.05). Appellant then put up a struggle, resisting the officers' attempts to lawfully arrest him on the obstructing charge ( see Penal Law § 205.30). We have considered and rejected appellant's remaining arguments.


Summaries of

In re Victor

Appellate Division of the Supreme Court of New York, First Department
Oct 11, 2007
44 A.D.3d 410 (N.Y. App. Div. 2007)
Case details for

In re Victor

Case Details

Full title:In the Matter of VICTOR M., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Oct 11, 2007

Citations

44 A.D.3d 410 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 7513
843 N.Y.S.2d 252