MATTER OF ANTOINETTE T. v. MICHAEL J.M.

5234.

157 A.D.3d 531 (2018)

69 N.Y.S.3d 45

2018 NY Slip Op 00247

In the Matter of ANTOINETTE T., Appellant, v. MICHAEL J.M., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 16, 2018.


Family Court found that respondent had at most committed the family offense of attempted assault in the third degree. We agree with the Family Court's findings of fact, but we find that the facts support a finding that respondent committed the family offense of completed assault in the third degree. Under Penal Law § 120.00 (1), a person is guilty of assault in the third degree when "[w]ith intent to cause physical injury to another person, he causes such injury." "Physical...

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