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In the Matter of SHANIQUA W. (ANONYMOUS), appellant.

DECISION ORDER

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

The appellant's contention that the presentment agency failed to prove that she committed the act of assault in the third degree is without merit. At the fact-finding hearing, Police Officer Kevin Grant testified that he saw the appellant throw a bottle.

Contrary to the appellant's contention, the presentment agency was not required to prove that Officer Torchio suffered a substantial physical injury in order for the court to have found that she committed reckless endangerment in the second degree. It is simply the risk of physical injury that is necessary to establish the reckless endangerment ( cf., People v. Davis, 72 N.Y.2d 32). Finally, the glass bottle thrown by the appellant constituted a dangerous instrument ( see, People v. Soumik, 244 A.D.2d 584).

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MATTER OF W. (ANONYMOUS), SHANIQUA
(Jun 14, 1999)