MATTER OF DEREK C.


44 A.D.3d 346 (2007)

843 N.Y.S.2d 44

In the Matter of DEREK C., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided October 4, 2007.


The court's findings were supported by sufficient evidence and were not against the weight of the evidence. The evidence established that appellant, with intent to prevent a police officer from performing a lawful duty, caused injury to the officer (Penal Law § 120.05 [3]). There was a sufficiently direct link between appellant's continuous struggle to break free from the officer's hold and the officer's ensuing elbow injury, which occurred when the officer performed...

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