Opinion
2834.
Decided March 16, 2004.
Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about June 24, 2003, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of inciting to riot, obstructing governmental administration in the second degree and resisting arrest, and placed him in the custody of the New York State Office of Children and Family Services for 12 months, unanimously affirmed, without costs.
Presentment Agency, Katherine E. Mullen, Ronald E. Sternberg, for Appellant.
Before: Nardelli, J.P., Mazzarelli, Ellerin, Friedman, JJ.
Viewing the record in the light most favorable to the presentment agency, we find that given the volatility of the crowd growing around officers attempting to effectuate a drug arrest, a direct result of the appellant's words and conduct, the court properly concluded that appellant created a danger of imminent lawless action as proscribed by Penal Law § 240.08 ( see People v. Tolia, 214 A.D.2d 57, 65, lv denied 88 N.Y.2d 1025). Appellant's inappropriate, disruptive conduct also obstructed the officers in effectuating the authorized arrests of unrelated individuals for drug related offenses (Penal Law § 195.05; People v. Tarver, 188 A.D.2d 938, lv denied 81 N.Y.2d 893). In addition, the record supports the Family Court's conclusion that appellant resisted arrest, by physically struggling to avoid being handcuffed (Penal Law § 205.30; People v. Clark, 241 A.D.2d 710; lv denied 90 N.Y.2d 1010).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.