In re Edward B.

Appellate Division of the Supreme Court of New York

In re Edward B.

109 A.D.2d 1103, 487 N.Y.S.2d 205, 1985 N.Y. App. Div. LEXIS 47608

Appellate Division of the Supreme Court of the State of New York·Decided March 1, 1985·Published·Cited by 1 cases

Opinion

— Order unanimously reversed, on the law and facts, without costs, and petition dismissed. Memorandum: The evidence adduced at the hearing was insufficient as a matter of law to support a determination that petitioner was guilty of conduct which, if he were an adult, would constitute assault in the third degree (Penal Law § 120.00 [1104] [1]). In describing a tussle with Edward, complainant failed to establish that he suffered either “impairment of physical condition or substantial pain” (Penal Law § 10.00 [9]; see, Matter of Edward M., 88 AD2d 776). (Appeal from order of Erie County Family Court, Killeen, J. — juvenile delinquency.) Present — Dillon, P. J., Doerr, Denman, Boomer and O’Donnell, JJ.

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— Order unanimously reversed, on the law and facts, without costs, and petition dismissed. Memorandum: The evidence adduced at the hearing was insufficient as a matter of law to support a determination that petitioner was guilty of conduct which, if he were an adult, would constitute assault in the third degree (Penal Law § 120.00 [1104] [1]). In describing a tussle with Edward, complainant failed to establish that he suffered either “impairment of physical condition or substantial pain” (Penal Law § 10.00 [9]; see, Matter of Edward M., 88 AD2d 776). (Appeal from order of Erie County Family Court, Killeen, J. — juvenile delinquency.) Present — Dillon, P. J., Doerr, Denman, Boomer and O’Donnell, JJ.

In re Edward B., 109 A.D.2d 1103, 487 N.Y.S.2d 205, 1985 N.Y. App. Div. LEXIS 47608 (N.Y. Ct. App. 1985).

Pincite

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Opinion

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