SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 13, 2009
IN THE MATTER OF ASA A., RESPONDENT-APPELLANT. MONROE COUNTY ATTORNEY, PETITIONER-RESPONDENT.
Appeal from an order of the Family Court, Monroe County (Dandrea L. Ruhlmann, J.), entered September 25, 2008 in a proceeding pursuant to Family Court Act article 3.
PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND GORSKI, JJ.
MEMORANDUM AND ORDER
The order, insofar as appealed from, adjudged that respondent is a juvenile delinquent. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent appeals from an order adjudicating him to be a juvenile delinquent based on the finding that he committed an act that, if committed by an adult, would constitute the crimes of assault in the second degree (Penal Law § 120.05 ) and assault in the third degree (§ 120.00 ). Contrary to respondent's sole contention on appeal, we conclude that the evidence is legally sufficient to establish that the police officer involved sustained a physical injury within the meaning of Penal Law § 10.00 (9) (see People v Chiddick, 8 NY3d 445, 447-448; People v Coombs, 56 AD3d 1195, 1196, lv denied 12 NY3d 782; Matter of Shawn L., 233 AD2d 953).
Patricia L. Morgan Clerk of the Court
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