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

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

DecidedApril 29, 1997

StatusPublished

Cited by5 cases

This text of 238 A.D.2d 287 (In re O'Shanna 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 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

—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.

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Bluebook (online)

238 A.D.2d 287, 656 N.Y.S.2d 273, 1997 N.Y. App. Div. LEXIS 4290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-oshanna-t-nyappdiv-1997.

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