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In re O'Shanna T.

Appellate Division of the Supreme Court of the State of New York
Apr 29, 1997
Versions:238 A.D.2d 287
656 N.Y.S.2d 273
1997 N.Y. App. Div. LEXIS 4290

—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 *288placed 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.

Case Details

Case Name: In re O'Shanna T.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Apr 29, 1997
Citations: 238 A.D.2d 287; 656 N.Y.S.2d 273; 1997 N.Y. App. Div. LEXIS 4290
Court Abbreviation: N.Y. App. Div.
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