Davan L., Matter of

• Decision Date: 25 November 1996
• Citation: 650 N.Y.S.2d 993,233 A.D.2d 510
• Parties: In the Matter of DAVAN L. (Anonymous), Appellant.
• Court: New York Supreme Court — Appellate Division

Page 993

650 N.Y.S.2d 993

233 A.D.2d 510

In the Matter of DAVAN L. (Anonymous), Appellant.

Supreme Court of New York, Appellate Division Second Department.

Nov. 25, 1996.

Jane M. Spinak, New York City(Robyn M. Mitchell, of counsel), for appellant.

Paul A. Crotty, CorporationCounsel, New York City(Francis F. Caputo, and Joseph I. Lauer of counsel), for respondent.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Queens County(DePhillips, J.), entered April 27, 1995, which, upon a fact-finding order of the same court, dated March 27, 1995, made after a hearing, finding that the appellant had committed an act which, if committed by an adult, would have constituted the crime of obstructing governmental administration in the second degree, adjudicated him a juvenile delinquent and placed him in the custody of the New York State Division for Youth for a period of 12 months.The appeal brings up for review the fact-finding order dated March 27, 1995.

ORDERED that the order of disposition is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.

The presentment agency failed to establish that the appellant"physically" interfered with the police officers' planned "buy and bust" operation.It is well established that purely verbal interference with governmental administration does not, without more, satisfy the requirements of Penal Law § 195.05(cf., People v. Case, 42 N.Y.2d 98, 396 N.Y.S.2d 841, 365 N.E.2d 872;People v. Lopez, 97 Misc.2d 124, 410 N.Y.S.2d 787;People v. Ketter, 76...