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IN RE: JOE R., A Person Alleged to be a Juvenile Delinquent Appellant. Presentment Agency.
Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about December 7, 2006, which adjudicated appellant a juvenile delinquent, upon a fact-finding that he had committed acts which, if committed by an adult, would constitute the crimes of obstructing governmental administration in the second degree and assault in the third degree, and placed him on probation for a period of 9 months, unanimously affirmed, without costs.
The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no reason to disturb the court's credibility determinations (see People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). The court credited testimony that established that when a school safety agent attempted to bring appellant to the principal's office, he refused to comply and physically struggled with the agent, causing her to fall and hit her head on the floor. This evidence established that the agent was performing an official function which appellant intentionally obstructed “by means of intimidation, physical force or interference” (see Penal Law § 195.05; Matter of Quaniqua W., 25 A.D.3d 380, 807 N.Y.S.2d 83 [2006]; Matter of Michael C., 264 A.D.2d 842, 695 N.Y.S.2d 423 [1999] ), and it also sustained a charge of reckless third-degree assault (see Penal Law § 120.00[2] ). We have considered and rejected appellant's remaining arguments.
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Decided: October 09, 2007
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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