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Matter of O'Shanna

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 1997
238 A.D.2d 287 (N.Y. App. Div. 1997)

Opinion

April 29, 1997


Order of disposition, Family Court, Bronx County (Terrence McElrath, J.), entered on or about August 9, 1996, which adjudicated respondent a juvenile delinquent, following a fact-finding determination that she committed an act which, if committed by an adult, would constitute the crime of assault in the third degree, and placed her on probation for 1 year, unanimously affirmed, without costs.

There was sufficient evidence of "physical injury" within the meaning of Penal Law § 10.00 (9), where the complainant testified that after respondent kicked her several times in her head, her lip was swollen and painful for 3 to 4 days, thus preventing her from eating, and that she sustained a bruise and a lump on her head with accompanying headaches that lasted for at least a week ( see, Matter of Kenti S., 203 A.D.2d 216; Matter of Isaac W., 89 A.D.2d 831).

Concur — Milonas, J.P., Ellerin, Nardelli and Williams, JJ.


Summaries of

Matter of O'Shanna

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 1997
238 A.D.2d 287 (N.Y. App. Div. 1997)
Case details for

Matter of O'Shanna

Case Details

Full title:In the Matter of O'SHANNA T., a Person Alleged to be a Juvenile…

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

Date published: Apr 29, 1997

Citations

238 A.D.2d 287 (N.Y. App. Div. 1997)
656 N.Y.S.2d 273

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