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In re Eric A.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 29, 2009

IN RE ERIC A., 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 November 22, 2008, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he 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 12 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.

Sweeny, J.P., Buckley, DeGrasse, Freedman, Abdus-Salaam, 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]). There is no basis for disturbing the court's determinations concerning credibility, including its acceptance of the officer's testimony as to appellant's tumultuous behavior. After appellant caused a disturbance on a busy subway platform, he refused to comply with an officer's directives to quiet down and state what school he attended, screamed, cursed, and struggled with the officer. The evidence established that, by attempting to restore order, the officer was performing an official function within the meaning of Penal Law § 195.05, and that appellant acted with the requisite intent under that statute (see Matter of Ismaila M., 34 AD3d 373 [2006], lv denied 8 NY3d 808 [2007]; Matter of Quaniqua W., 25 AD3d 380 [2006]).

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

20091029

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