Hyperlawhypertext legal databasebeta In re O'Shanna T. 238 A.D.2d 287

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In re O'Shanna T.

238 A.D.2d 287 Court N.Y. App. Div. Decision date 1997-04-29 English

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p. 287
In the Matter of O’Shanna T., a Person Alleged to be a Juvenile Delinquent, Appellant.
[656 NYS2d 273]

—Order of disposition, Family Court, Bronx County (Terrence McElrath, J.), entered on or about August 9, 1996, which adjudicated respondent a juvenile delinquent, following a fact-finding determination that she committed an act which, if committed by an adult, would constitute the crime of assault in the third degree, and

p. 288
placed her on probation for 1 year, unanimously affirmed, without costs.

There was sufficient evidence of "physical injury” within the meaning of Penal Law § 10.00 (9), where the complainant testified that after respondent kicked her several times in her head, her lip was swollen and painful for 3 to 4 days, thus preventing her from eating, and that she sustained a bruise and a lump on her head with accompanying headaches that lasted for at least a week (see, Matter of Kenti S., 203 AD2d 216 ; Matter of Isaac W., 89 AD2d 831 ). Concur—Milonas, J. P., Ellerin, Nardelli and Williams, JJ.