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In the Matter of MICHAEL C. (Anonymous), appellant.

DECISION ORDER

ORDERED that the order of disposition is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the petition and supporting deposition contained sufficient nonhearsay allegations to establish, if true, the appellant's commission of acts constituting obstruction of governmental administration in the second degree (see, Family Ct Act § 311.2; Penal Law § 195.05). The supporting deposition of the arresting officer established that, while acting in his official capacity as a truant officer ( see generally, Matter of Shannon B., 70 N.Y.2d 458), the officer observed the appellant in public during school hours and approached him in order to return him to school. The appellant ran from the officer, disregarded his order to stop, hid nearby, and then cursed and screamed when the officer found and apprehended him. These allegations sufficed to demonstrate both that the officer's conduct was authorized by law and thus constituted an official function ( see, Matter of Devon B., 158 A.D.2d 519; cf., Matter of Anthony B., 201 A.D.2d 725), and that the appellant acted with the intent to prevent the officer from performing that function ( see, People v. Meath, 219 A.D.2d 838; People v. Ravizee, 146 Misc.2d 679).

S. MILLER, J.P., O'BRIEN, FRIEDMANN, and FLORIO, JJ., concur.

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MATTER OF MICHAEL C
(Sep 27, 1999)