In re Darnell C.
Opinion of the Court
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Pearce, J.), dated December 7, 2001, which, upon a fact-finding order of the same court, dated October 3, 2001, made after a hearing, finding that the appellant had committed acts which, if committed by an adult, would have constituted the crime of obstructing governmental administration in the second degree, adjudicated him to be a juvenile delinquent and placed him on probation for a period of 12 months. The appeal brings up for review the fact-finding order dated October 3, 2001.
Ordered that the appeal from so much of the order of disposition as placed the appellant on probation for a period of 12 months is dismissed as academic, without costs or disbursements; and it is further,
Ordered that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.
Viewing the evidence in the light most favorable to the presentment agency, we find that it was legally sufficient to support the determination made in the fact-finding order (see Matter of Dennis G., 294 AD2d 501 [2002]). Upon the exercise of our factual review power, we are satisfied that the findings of fact were not against the weight of the evidence (cf. CPL 470.15 [5]). Indeed, the appellant’s actions of, among other things, shouting at the officer, refusing to comply with his order, physically bumping the officer, and lying on his hands in an attempt to avoid being handcuffed, were sufficient to constitute “physical force or interference” under Penal Law § 195.05 (see People v Case, 42 NY2d 98 [1977]; Willinger v City of New Rochelle, 212 AD2d 526, 527 [1995]).
Contrary to the appellant’s contentions, although the Family Court could have stated its rationale more articulately, the court applied the proper legal standard to the facts of this case.
The appellant’s challenge to the Family Court’s imposition of probation for a period of 12 months is academic, since the probation period expired on December 6, 2002 (see Matter of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.