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MATTER OF MARVIN M.

1876

68 A.D.3d 661 (2009)

2009 NY Slip Op 9699

891 N.Y.S.2d 73

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

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

Decided December 29, 2009.

The court's finding as to resisting arrest was based on legally sufficient evidence and was not against the weight of the evidence. The evidence established that appellant entered the lobby of a school where he was not a student and, after being told to leave, unlawfully remained and then resisted arrest by struggling. The arrest was lawful, because it was based on probable cause to believe defendant was "in violation of a personally...

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