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Matter of Shawn

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 629 (N.Y. App. Div. 1996)

Opinion

February 20, 1996

Appeal from the Family Court, Orange County (Bivona, J.).


Ordered that the order of disposition is reversed, on the law, without costs or disbursements, the fact-finding order is vacated, the petition is dismissed, and the matter is remitted to the Family Court, Orange County, for the purpose of entering an order pursuant to Family Court Act § 375.1.

There was insufficient evidence to establish that the complainant suffered a "physical injury", an essential element of assault in the third degree ( see, Penal Law 120.00; Matter of Philip A., 49 N.Y.2d 198; People v. Briggs, 220 A.D.2d 762; Matter of Robert C., 185 A.D.2d 845; People v. Carney, 179 A.D.2d 818; People v. Foster, 162 A.D.2d 703; People v. Holden, 148 A.D.2d 635; Matter of Robin B., 78 A.D.2d 679).

In light of the foregoing, we do not reach the appellant's remaining contentions. O'Brien, J.P., Copertino, Santucci and Krausman, JJ., concur.


Summaries of

Matter of Shawn

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 629 (N.Y. App. Div. 1996)
Case details for

Matter of Shawn

Case Details

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

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

Date published: Feb 20, 1996

Citations

224 A.D.2d 629 (N.Y. App. Div. 1996)
639 N.Y.S.2d 709