Matter of Carysse R.

Matter of Carysse R. 2011 NY Slip Op 09024 Decided on December 15, 2011 Appellate Division, First Department 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.

Decided on December 15, 2011
Tom, J.P., Friedman, Freedman, Richter, Manzanet-Daniels, JJ.
6354

[*1]In re Carysse R., A Person Alleged to be a Juvenile Delinquent, Appellant.

Presentment Agency


Tamara A. Steckler, The Legal Aid Society, New York (John A.
Newbery of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (June A.
Witterschein of counsel), for presentment agency.

Order of disposition, Family Court, New York County (Mary E. Bednar, J.), entered on or about August 6, 2010, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that she committed acts that, if committed by an adult, would constitute the crimes of obstructing governmental administration in the second degree and attempted assault in the third degree, and placed her on probation for a period of 12 months, unanimously affirmed, without costs.

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 [2007]). There is no basis for disturbing the court's credibility determinations. There was competent evidence that appellant was suspended from school, that school safety agents knew of the suspension, and that the agents thus had a duty to remove appellant from the premises. Accordingly, the agents were performing an "official function" within the meaning of Penal Law § 195.05 when they attempted to carry out that duty. Appellant's intent to cause physical injury to an agent was readily inferable from testimony that appellant repeatedly punched and kicked the agent.

We have considered and rejected appellant's remaining claims, including her missing witness argument.

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

ENTERED: DECEMBER 15, 2011

CLERK