Matter of Carlos S.

Matter of Carlos S. 2008 NY Slip Op 09440 [57 AD3d 211] December 2, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

In the Matter of Carlos S., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

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

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about December 20, 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 obstructing governmental administration in the second degree, and placed him on probation for a period of 18 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, 348-349 [2007]). Appellant's physical acts of interference with the officers' performance of their duty clearly satisfied the elements of Penal Law § 195.05 (see Matter of Quaniqua W., 25 AD3d 380 [2006]). The court's dismissal of a resisting arrest charge does not warrant a different conclusion, because appellant's argument in this regard merely speculates as to the reason for the dismissal (see People v Rayam, 94 NY2d 557 [2000]), and, in any event, because resisting arrest and obstructing governmental administration have different elements (see Matter of Johnetta T., 192 AD2d 416 [1993]). Concur—Mazzarelli, J.P., Saxe, Catterson, Renwick and Freedman, JJ.