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In re Isaac M.

219 A.D.2d 805 Court N.Y. App. Div. Decision date 1995-09-29 English

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p. 805
In the Matter of Isaac M., a Person Alleged to be a Juvenile Delinquent, Appellant. Niagara County Attorney, Respondent.
[632 NYS2d 49]

Order unanimously affirmed without costs. Memorandum: The record supports Family Court’s finding that respondent committed an act that, if committed by an adult, would constitute the crime of assault in the third degree (Penal Law § 120.00 [1]). Evidence that the victim experienced "a lot” of pain after respondent struck him with a skateboard and that stitches were required to close the cut beside the victim’s eye is sufficient to establish physical injury (see, People v Fallen, 194 AD2d 928 , lv denied 82 NY2d 753 ; People v

p. 806
Beaton, 152 AD2d 992 , lv denied 74 NY2d 845 ; People v Ruttenbur, 112 AD2d 13 ).

We have examined respondent’s remaining contentions and conclude that they lack merit. (Appeal from Order of Niagara County Family Court, Crapsi, J. — Juvenile Delinquency.) Present — Green, J. P., Lawton, Fallon, Doerr and Boehm, JJ.