Appellate Division of the Supreme Court of New York, 1985

In re Edward B.

In re Edward B.
Appellate Division of the Supreme Court of New York · Decided March 1, 1985
109 A.D.2d 1103; 487 N.Y.S.2d 205; 1985 N.Y. App. Div. LEXIS 47608
In re Edward B.

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

— Order unanimously reversed, on the law and facts, without costs, and petition dismissed. Memorandum: The evidence adduced at the hearing was insufficient as a matter of law to support a determination that petitioner was guilty of conduct which, if he were an adult, would constitute assault in the third degree (Penal Law § 120.00 *1104[1]). In describing a tussle with Edward, complainant failed to establish that he suffered either “impairment of physical condition or substantial pain” (Penal Law § 10.00 [9]; see, Matter of Edward M., 88 AD2d 776). (Appeal from order of Erie County Family Court, Killeen, J. — juvenile delinquency.) Present — Dillon, P. J., Doerr, Denman, Boomer and O’Donnell, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.