Matter of Davaun M.

Matter of Davaun M. 2007 NY Slip Op 07527 [44 AD3d 420] October 11, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 12, 2007

In the Matter of Davaun M., a Person Alleged to be a Juvenile Delinquent, Appellant.

—[*1] Tamara A. Steckler, The Legal Aid Society, New York (Claire V. Merkine of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Karen M. Griffin of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Nelida Malave-Gonzalez, J.), entered on or about January 24, 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 resisting arrest, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court's finding was based on legally sufficient evidence. It is "not necessary that [a] defendant be specifically informed that he was to be arrested in order for a resisting arrest conviction to stand; it is sufficient that such knowledge was inferable from the surrounding facts and circumstances" (People v Gray, 189 AD2d 922, 923 [1993], lv denied 81 NY2d 886 [1993]). The evidence established that appellant was being placed under arrest for obstructing governmental administration, which he had committed by attempting to assault a school safety agent, that appellant knew he was being arrested, and that his flailing and kicking was a deliberate act to resist arrest. Concur—Tom, J.P., Mazzarelli, Friedman, Sullivan and Nardelli, JJ.