Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, as that order was superseded by the order of disposition; and it is further,
Ordered that the order of disposition is affirmed, without costs or disbursements.
The appellant failed to preserve for appellate review his contention that the evidence adduced at the fact-finding hearing was legally insufficient to establish that he intended to cause "physical injury" (Penal Law § 120.00; cf., CPL 470.05; People v. Cannon, 224 A.D.2d 439). In any event, viewing the evidence in the light most favorable to the presenting agency ( see, Matter of David H., 69 N.Y.2d 792), we find that it was legally sufficient to prove beyond a reasonable doubt that the appellant committed acts, which, if committed by an adult, would have constituted the crime of attempted assault in the third degree ( see, Penal Law § 110.00, 120.00 Penal [1]; Matter of Marcel F., 233 A.D.2d 442; People v. Durden, 219 A.D.2d 605; Matter of Carlton P., 143 A.D.2d 833).
The appellant's remaining contention is without merit.
Ritter, J. P., Santucci, Joy and Florio, JJ., concur.