IN RE: CARLOS S. (2008)

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about December 20, 2007, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he had committed an act, which, if committed by an adult, would constitute the crime of obstructing governmental administration in the second degree, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.

The court's finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348-349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ).   Appellant's physical acts of interference with the officers' performance of their duty clearly satisfied the elements of Penal Law § 195.05 (see Matter of Quaniqua W., 25 A.D.3d 380, 807 N.Y.S.2d 83 [2006] ).   The court's dismissal of a resisting arrest charge does not warrant a different conclusion, because appellant's argument in this regard merely speculates as to the reason for the dismissal (see People v. Rayam, 94 N.Y.2d 557, 708 N.Y.S.2d 37, 729 N.E.2d 694 [2000] ), and, in any event, because resisting arrest and obstructing governmental administration have different elements (see Matter of Johnetta T., 192 A.D.2d 416, 595 N.Y.S.2d 483 [1993] ).