SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
October 2, 2009
IN THE MATTER OF SHAKIRRAH C., RESPONDENT-APPELLANT.
MONROE COUNTY ATTORNEY, PETITIONER-RESPONDENT.
Appeal from an order of the Family Court, Monroe County (Joseph G. Nesser, J.), entered June 16, 2008 in a proceeding pursuant to Family Court Act article 3. The order adjudged that respondent is a juvenile delinquent and placed respondent on probation.
PRESENT: SMITH, J.P., FAHEY, CARNI, PINE, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Respondent appeals from an order adjudicating her to be a juvenile delinquent based on the finding that she committed an act that, if committed by an adult, would constitute the crime of resisting arrest (Penal Law § 205.30). Contrary to respondent's contention, "the evidence presented at the hearing, when viewed in the light most favorable to the presentment agency..., is legally sufficient to prove beyond a reasonable doubt that respondent committed the acts alleged in the petition" (Matter of Aron B., 46 AD3d 1431, 1431 [internal quotation marks omitted]).
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