MATTER OF M.


98 A.D.2d 776 (1983)

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

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 19, 1983


Order reversed, on the law, without costs or disbursements, fact-finding order dated January 2, 1982 vacated and petition dismissed.

The crime of assault in the third degree upon which the instant juvenile delinquency adjudication is based, requires proof of physical injury to the victim. Specifically, subdivision 1 of section 120.00 of the Penal Law, which is the relevant provision at bar, provides as follows: "A person is guilty of assault in the third degree when...

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