Opinion
May 9, 1995
Appeal from the Family Court, New York County (Edward M. Kaufmann, J.).
Contrary to respondent's contention, the petition, together with the supporting deposition of Officer Maldonado-Cruz, contained sufficient nonhearsay allegations to support the charge of obstruction of governmental administration in the second degree. The allegations that respondent punched an officer and yelled obscenities while other officers were attempting to arrest his mother sufficiently demonstrated that he specifically intended to interfere with the officer's function of maintaining order (see, Family Ct Act § 311.2; People v Tarver, 188 A.D.2d 938, lv denied 81 N.Y.2d 893). Moreover, this finding, as well as the finding that respondent committed an act, which, if committed by an adult, would constitute the crime of attempted assault in the third degree, was supported by the legally sufficient evidence adduced at the fact-finding hearing and was not against the weight of the evidence presented.
Concur — Murphy, P.J., Ellerin, Rubin, Tom and Mazzarelli, JJ.