In re Tatiana N.

Andrias, J.P.

(dissenting in part).

Although I agree with the majority that there is legally sufficient evidence to support a finding that appellant was guilty of committing acts that, if committed by an adult, would constitute the crimes of assault in the third degree, attempted assault *193in the third degree, menacing in the third degree and endangering the welfare of a child, I believe that, viewing the record in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792, 793 [1987]), the evidence is legally insufficient to support a finding that the appellant,…