In re O'Shanna T.

Appellate Division of the Supreme Court of New York

In re O'Shanna T.

238 A.D.2d 287, 656 N.Y.S.2d 273, 1997 N.Y. App. Div. LEXIS 4290

Appellate Division of the Supreme Court of the State of New York·Decided April 29, 1997·Published·Cited by 5 cases

Opinion

—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 [288]*288placed 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 AD2d 216; Matter of Isaac W., 89 AD2d 831). Concur—Milonas, J. P., Ellerin, Nardelli and Williams, JJ.

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—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 [288]*288placed 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 AD2d 216; Matter of Isaac W., 89 AD2d 831). Concur—Milonas, J. P., Ellerin, Nardelli and Williams, JJ.

In re O'Shanna T., 238 A.D.2d 287, 656 N.Y.S.2d 273, 1997 N.Y. App. Div. LEXIS 4290 (N.Y. Ct. App. 1997).

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Opinion

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