In re Kezzia T.

Appellate Division of the Supreme Court of New York

In re Kezzia T.

273 A.D.2d 13, 709 N.Y.S.2d 401, 2000 N.Y. App. Div. LEXIS 6104

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

DecidedJune 1, 2000

StatusPublished

Cited by2 cases

This text of 273 A.D.2d 13 (In re Kezzia T.) 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 Kezzia T., 273 A.D.2d 13, 709 N.Y.S.2d 401, 2000 N.Y. App. Div. LEXIS 6104 (N.Y. Ct. App. 2000).

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Opinion

Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about April 12, 1999, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed an act which, if committed by an adult, would constitute the crime of obstructing governmental administration in the second degree, and placed her on probation for a period of 18 months, unanimously reversed, on the law, without costs, and the petition dismissed.

As the presentment agency correctly concedes, the evidence adduced at the fact-finding hearing was legally insufficient. Appellant’s initial untruthfulness about the presence of a weapon inside the apartment, followed by her refusal to disclose its location, do not satisfy the elements of obstructing governmental administration (Penal Law § 195.05; People v Case, 42 NY2d 98, 102). Concur — Williams, J. P., Tom, Mazzarelli, Rubin and Friedman, JJ.

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Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about April 12, 1999, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed an act which, if committed by an adult, would constitute the crime of obstructing governmental administration in the second degree, and placed her on probation for a period of 18 months, unanimously reversed, on the law, without costs, and the petition dismissed.

As the presentment agency correctly concedes, the evidence adduced at the fact-finding hearing was legally insufficient. Appellant’s initial untruthfulness about the presence of a weapon inside the apartment, followed by her refusal to disclose its location, do not satisfy the elements of obstructing governmental administration (Penal Law § 195.05; People v Case, 42 NY2d 98, 102). Concur — Williams, J. P., Tom, Mazzarelli, Rubin and Friedman, JJ.

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Bluebook (online)

273 A.D.2d 13, 709 N.Y.S.2d 401, 2000 N.Y. App. Div. LEXIS 6104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kezzia-t-nyappdiv-2000.

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