IN RE: DAVAUN M. (2007)

Order of disposition, Family Court, Bronx County (Nelida Malave-Gonzalez, J.), entered on or about January 24, 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 resisting arrest, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

 The court's finding was based on legally sufficient evidence.   It is “not necessary that [a] defendant be specifically informed that he was to be arrested in order for a resisting arrest conviction to stand;  it is sufficient that such knowledge was inferable from the surrounding facts and circumstances” (People v. Gray, 189 A.D.2d 922, 923, 592 N.Y.S.2d 814 [1993], lv. denied 81 N.Y.2d 886, 597 N.Y.S.2d 947, 613 N.E.2d 979 [1993] ).   The evidence established that appellant was being placed under arrest for obstructing governmental administration, which he had committed by attempting to assault a school safety agent, that appellant knew he was being arrested, and that his flailing and kicking was a deliberate act to resist arrest.