IN RE: O'SHANNA T. (1997)

Supreme Court, Appellate Division, First Department, New York.

IN RE: O'SHANNA T., a Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.

Decided: April 29, 1997

Before MILONAS, J.P., and ELLERIN, NARDELLI and WILLIAMS, JJ.

Kenneth Rabb, for Appellant. Jane S. Earle, for Presentment Agency.

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, 611 N.Y.S.2d 173; Matter of Isaac W., 89 A.D.2d 831, 453 N.Y.S.2d 432).

MEMORANDUM DECISION.

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