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Matter of Carlos

Appellate Division of the Supreme Court of New York, First Department
May 9, 1995
215 A.D.2d 165 (N.Y. App. Div. 1995)

Opinion

May 9, 1995

Appeal from the Family Court, New York County (Edward M. Kaufmann, J.).


Contrary to respondent's contention, the petition, together with the supporting deposition of Officer Maldonado-Cruz, contained sufficient nonhearsay allegations to support the charge of obstruction of governmental administration in the second degree. The allegations that respondent punched an officer and yelled obscenities while other officers were attempting to arrest his mother sufficiently demonstrated that he specifically intended to interfere with the officer's function of maintaining order (see, Family Ct Act § 311.2; People v Tarver, 188 A.D.2d 938, lv denied 81 N.Y.2d 893). Moreover, this finding, as well as the finding that respondent committed an act, which, if committed by an adult, would constitute the crime of attempted assault in the third degree, was supported by the legally sufficient evidence adduced at the fact-finding hearing and was not against the weight of the evidence presented.

Concur — Murphy, P.J., Ellerin, Rubin, Tom and Mazzarelli, JJ.


Summaries of

Matter of Carlos

Appellate Division of the Supreme Court of New York, First Department
May 9, 1995
215 A.D.2d 165 (N.Y. App. Div. 1995)
Case details for

Matter of Carlos

Case Details

Full title:In the Matter of CARLOS G., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 9, 1995

Citations

215 A.D.2d 165 (N.Y. App. Div. 1995)
626 N.Y.S.2d 137

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