In re Cablique P.

Tom, J.P.,

dissents in a memorandum as follows: The material facts are not in dispute. The complainant, a high school student, and his friend, Christopher, were riding a New York City bus at about 3:00 p.m. in the company of a group of four girls when appellant and four other youths boarded. Appellant immediately pointed out Christopher, who was then surrounded by the group. Appellant and the group of boys were talking about an incident two days earlier, wherein appellant had shot a paper clip with a rubber band into Christopher’s face, causing an argument. Someone in the group then told…