Matter of Shakirrah C.
2009 NY Slip Op 07072 [66 AD3d 1492]
October 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


In the Matter of Shakirrah C., Appellant. Monroe County Attorney, Respondent.

[*1] Thomas N. Martin, Law Guardian, Rochester, for respondent-appellant.

Daniel M. DeLaus, Jr., County Attorney, Rochester (Alecia Spano of counsel), for petitioner-respondent.

Appeal from an order of the Family Court, Monroe County (Joseph G. Nesser, J.), entered June 16, 2008 in a proceeding pursuant to Family Court Act article 3. The order adjudged that respondent is a juvenile delinquent and placed respondent on probation.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order adjudicating her to be a juvenile delinquent based on the finding that she committed an act that, if committed by an adult, would constitute the crime of resisting arrest (Penal Law § 205.30). Contrary to respondent's contention, "the evidence presented at the hearing, when viewed in the light most favorable to the presentment agency . . . , is legally sufficient to prove beyond a reasonable doubt that respondent committed the acts alleged in the petition" (Matter of Aron B., 46 AD3d 1431, 1431 [2007] [internal quotation marks omitted]). Present—Smith, J.P., Fahey, Carni, Pine and Gorski, JJ.