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In re Carlos S.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 2, 2008

IN RE CARLOS S., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT.

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about December 20, 2007, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he had committed an act, which, if committed by an adult, would constitute the crime of obstructing governmental administration in the second degree, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Saxe, Catterson, Renwick, Freedman, JJ.

Presentment Agency

The court's finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Appellant's physical acts of interference with the officers' performance of their duty clearly satisfied the elements of Penal Law § 195.05 (see Matter of Quaniqua W., 25 AD3d 380 [2006]). The court's dismissal of a resisting arrest charge does not warrant a different conclusion, because appellant's argument in this regard merely speculates as to the reason for the dismissal (see People v Rayam, 94 NY2d 557 [2000]), and, in any event, because resisting arrest and obstructing governmental administration have different elements (see Matter of Johnetta T., 192 AD2d 416 [1993]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081202

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