In re Quaniqua W.

Appellate Division of the Supreme Court of New York

In re Quaniqua W.

25 A.D.3d 380, 807 N.Y.S.2d 83

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

DecidedJanuary 10, 2006

StatusPublished

Cited by8 cases

This text of 25 A.D.3d 380 (In re Quaniqua W.) 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 Quaniqua W., 25 A.D.3d 380, 807 N.Y.S.2d 83 (N.Y. Ct. App. 2006).

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Opinion

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about November 30, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed an act, which, if committed by an adult, would constitute the crime of obstructing governmental administration in the second degree, and placed her with the Office of Children and Family Services for a period of 12 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. In a subway station, after appellant repeatedly and noisily banged on a pay phone, causing a disturbance, appellant refused to comply with the officers’ directives to leave the station, screamed, cursed, flailed her arms, and struggled with the officers. The officers [381]*381were attempting to maintain order in the station, which was an official police function, and appellant intentionally obstructed that function through “physical force or interference” (see Penal Law § 195.05; Matter of Davan L., 91 NY2d 88 [1997]; Matter of Shannon B., 70 NY2d 458 [1987]; Matter of Darnell C., 305 AD2d 405 [2003]). Concur—Mazzarelli, J.P., Friedman, Williams, Gonzalez and Sweeny, JJ.

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Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about November 30, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed an act, which, if committed by an adult, would constitute the crime of obstructing governmental administration in the second degree, and placed her with the Office of Children and Family Services for a period of 12 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. In a subway station, after appellant repeatedly and noisily banged on a pay phone, causing a disturbance, appellant refused to comply with the officers’ directives to leave the station, screamed, cursed, flailed her arms, and struggled with the officers. The officers [381]*381were attempting to maintain order in the station, which was an official police function, and appellant intentionally obstructed that function through “physical force or interference” (see Penal Law § 195.05; Matter of Davan L., 91 NY2d 88 [1997]; Matter of Shannon B., 70 NY2d 458 [1987]; Matter of Darnell C., 305 AD2d 405 [2003]). Concur—Mazzarelli, J.P., Friedman, Williams, Gonzalez and Sweeny, JJ.

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Bluebook (online)

25 A.D.3d 380, 807 N.Y.S.2d 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-quaniqua-w-nyappdiv-2006.

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