Matter of Miguel R.

Matter of Miguel R. 2010 NY Slip Op 05254 [74 AD3d 548] June 15, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2010

In the Matter of Miguel R., a Person Alleged to be a Juvenile Delinquent, Appellant.

—[*1] Tamara A. Steckler, The Legal Aid Society, New York (Judith S. Stern of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Robert R. Reed, J.), entered on or about November 17, 2009, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of obstructing governmental administration in the second degree and resisting arrest, and placed him on probation for 12 months, unanimously affirmed, without costs.

The court's finding was based upon legally sufficient evidence. There is no basis for disturbing the court's determinations regarding credibility. Two officers observed appellant punch another individual in the face, apparently for no reason. When the officers identified themselves and tried to investigate appellant's conduct, he fled, ignoring the officers' directives to stop, and he struggled when they caught up with him. We conclude that there was sufficient physical interference with an official police function to constitute obstructing governmental administration (see Matter of Luis L., 58 AD3d 543 [2009]). Since appellant's arrest for obstructing governmental administration was authorized, his struggle to avoid being handcuffed constituted resisting arrest. Concur—Mazzarelli, J.P., Moskowitz, DeGrasse, Abdus-Salaam and Manzanet-Daniels, JJ.