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MATTER OF SHENAY W.

1794

68 A.D.3d 576 (2009)

2009 NY Slip Op 9394

891 N.Y.S.2d 67

In the Matter of SHENAY W., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided December 17, 2009.

The court's finding as to second-degree assault under Penal Law § 120.05 (10) (a) was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). The evidence warrants the inference that when appellant threw a book containing cassettes at her teacher, which struck the teacher in the head and caused physical injury, appellant intended the natural...

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