Shannon B., Matter of
| Decision Date | 28 July 1986 |
| Citation | 122 A.D.2d 268,505 N.Y.S.2d 179 |
| Parties | , 34 Ed. Law Rep. 217 In the Matter of SHANNON B. (Anonymous), Appellant. |
| Court | New York Supreme Court — Appellate Division |
Lenore Gittis, New York City (Mary A. Clark, of counsel), for appellant.
Frederick A.O. Schwarz, Jr., Corp. Counsel, New York City (Francis F. Caputo and Michael S. Adler, of counsel), for respondent.
Before BRACKEN, J.P., and KUNZEMAN, KOOPER and SPATT, JJ.
MEMORANDUM BY THE COURT.
In a proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Esquirol, J.), dated January 14, 1985, which, upon a fact finding order dated November 8, 1984, made after a hearing, finding that the appellant had committed acts which, if committed by an adult, would have constituted the crimes of attempted assault in the second degree, obstruction of governmental administration, and resisting arrest, placed her on probation for six months.
Order of disposition affirmed, without costs or disbursements.
On March 16, 1984, New York City Police Officer Yvonne Ortiz and her partner were assigned to truancy duty, the purpose of which was to pick up students who were out of school during school hours and return them to the Board of Education. The officers were in uniform and driving in a police van at about 10:15 A.M. in the vicinity of Adelphi Street in Brooklyn when they observed the then 14-year-old appellant outside, about one-half block from the main entrance to Rothschild Junior High School.
The appellant came over to the police van when called by Officer Ortiz, but was unable to give an answer to the officer's questions as to why she was not in school. She then entered the van at the officer's request. The van was occupied by two other youths and while it proceeded to the Board of Education, the appellant became verbally abusive and stated that she was going to get out of the van while it was in motion. When Officer Ortiz went to sit in the back of the van to prevent the appellant from leaving, the appellant struck her in the nose with her forearm. A struggle ensued, and in subduing the appellant and handcuffing her, Officer Ortiz sustained a sprained thumb. The officer was treated at a hospital for a contusion of her nose and the sprained thumb.
A petition was filed in the Family Court charging the appellant with acts which, if committed by an adult, would have constituted the crimes of assault in the second degree, obstructing governmental administration and resisting arrest. During a fact-finding hearing, Officer Ortiz testified that the appellant was placed under arrest after she struck the officer. Upon a motion to dismiss the petition by the appellant's counsel, the court reduced the count charging the appellant with acts, which, if committed by an adult, would have constituted assault in the second degree to attempted...
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