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MATTER OF KENDELL R.

2087

71 A.D.3d 553 (2010)

897 N.Y.S.2d 83

In the Matter of KENDELL R., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided March 23, 2010.

The court's finding was based on legally insufficient evidence. The police came upon appellant and other persons, who were pushing and shoving each other, and who appeared to an officer to be either fighting or "goofing around." Appellant and the others failed to comply with a directive to break it up and go away. When the police placed the group, including appellant, against a wall, they responded with obscene language but no acts...

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