IN RE: Eric A.

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

IN RE: Eric A., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.

Decided: October 29, 2009

SWEENY, J.P., BUCKLEY, DeGRASSE, FREEDMAN, ABDUS-SALAAM, JJ. Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Suzanne K. Colt of counsel), for presentment agency.

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about November 22, 2008, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he 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 12 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] ).   There is no basis for disturbing the court's determinations concerning credibility, including its acceptance of the officer's testimony as to appellant's tumultuous behavior.   After appellant caused a disturbance on a busy subway platform, he refused to comply with an officer's directives to quiet down and state what school he attended, screamed, cursed, and struggled with the officer.   The evidence established that, by attempting to restore order, the officer was performing an official function within the meaning of Penal Law § 195.05, and that appellant acted with the requisite intent under that statute (see Matter of Ismaila M., 34 A.D.3d 373, 827 N.Y.S.2d 7 [2006], lv. denied 8 N.Y.3d 808, 834 N.Y.S.2d 89, 865 N.E.2d 1256 [2007];  Matter of Quaniqua W., 25 A.D.3d 380, 807 N.Y.S.2d 83 [2006] ).