In re Asa A.

Appellate Division of the Supreme Court of New York

In re Asa A.

67 A.D.3d 1372, 887 N.Y.S.2d 909

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 13, 2009

StatusPublished

This text of 67 A.D.3d 1372 (In re Asa A.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Asa A., 67 A.D.3d 1372, 887 N.Y.S.2d 909 (N.Y. Ct. App. 2009).

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Opinion

Appeal from an order of the Family Court, Monroe County (Dandrea L. Ruhlmann, J.), entered September 25, 2008 in a proceeding pursuant to Family Court Act article 3. The order, insofar as appealed from, adjudged that respondent is a juvenile delinquent.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order adjudicating him to be a juvenile delinquent based on the finding that he committed an act that, if committed by an adult, would constitute the crimes of assault in the second degree (Penal Law § 120.05 [3]) and assault in the third degree (§ 120.00 [2]). Contrary to respondent’s sole contention on appeal, we conclude that the evidence is legally sufficient to establish that the police officer involved sustained a physical injury within the meaning of Penal Law § 10.00 (9) (see People v Chiddick, 8 NY3d 445, 447-448 [2007]; People v Coombs, 56 AD3d 1195, 1196 [2008], lv [1373]*1373denied 12 NY3d 782 [2009]; Matter of Shawn L., 233 AD2d 953 [1996]). Present—Centra, J.P., Fahey, Feradotto, Garni and Gorski, JJ.

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Appeal from an order of the Family Court, Monroe County (Dandrea L. Ruhlmann, J.), entered September 25, 2008 in a proceeding pursuant to Family Court Act article 3. The order, insofar as appealed from, adjudged that respondent is a juvenile delinquent.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order adjudicating him to be a juvenile delinquent based on the finding that he committed an act that, if committed by an adult, would constitute the crimes of assault in the second degree (Penal Law § 120.05 [3]) and assault in the third degree (§ 120.00 [2]). Contrary to respondent’s sole contention on appeal, we conclude that the evidence is legally sufficient to establish that the police officer involved sustained a physical injury within the meaning of Penal Law § 10.00 (9) (see People v Chiddick, 8 NY3d 445, 447-448 [2007]; People v Coombs, 56 AD3d 1195, 1196 [2008], lv [1373]*1373denied 12 NY3d 782 [2009]; Matter of Shawn L., 233 AD2d 953 [1996]). Present—Centra, J.P., Fahey, Feradotto, Garni and Gorski, JJ.

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Bluebook (online)

67 A.D.3d 1372, 887 N.Y.S.2d 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-asa-a-nyappdiv-2009.

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