Legal Opinion
In re Lovenia V.
Appellate Division of the Supreme Court of the State of New York
Decided December 8, 2009Published
1Opinion of the Court
The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. Appellant’s conduct in chest-butting her teacher, swinging at him hard enough to cause a scratch, and then continuing to kick and lash out for several minutes supported an inference that she intended to cause physical injury (see e.g. Matter of Jose B., 47 AD3d 461 [2008]), especially since relatively minor injuries causing moderate, but “more than slight or trivial pain” may constitute physical injury (People v Chiddick, 8 NY3d 445, 447 [2007]; see also People v Guidice, 83 NY2d 630,…
2Cases cited5 opinions
- People v. ChiddickNew York Court of Appeals · 2007
- People v. GuidiceNew York Court of Appeals · 1994
- People v. DonesAppellate Division of the Supreme Court of the State of New York · 2001
- In re Jose B.Appellate Division of the Supreme Court of the State of New York · 2008
- In re Tjay T.Appellate Division of the Supreme Court of the State of New York · 2006