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[*1]


Decided on January 19, 2007
Family Court, Queens County

D-20384/06

Appearances of Counsel: Michael Cardozo, Corporation Counsel (Faith S. Lovell of counsel), New
York City, for Presentment Agency. The Legal Aid Society (Tamara Steckler and Steven Douglas
Levine), New York City, Law Guardian.
John M. Hunt, J.

By amended petition filed on December 6, 2006 respondent is alleged to have committed
acts which, were he an adult, would constitute the crimes of Assault in the Second Degree, Assault
in the Third Degree, Obstructing Governmental Administration in the Second Degree and Resisting
[FN1]
Arrest. Respondent has moved by supplemental motion for, inter alia, an order dismissing the
amended petition as jurisdictionally defective; an order adjourning the proceeding in contemplation
of dismissal and an order referring the case for adjustment services by the Department of Probation
[*2]
The motion is decided as follows.[FN2]
The branch of the motion seeking dismissal of the amended petition as jurisdictionally
defective is denied. With respect to Count Three of the amended petition, which charges respondent
with an act constituting Obstructing Governmental Administration and Count Two of the amended petition, which charges him with an act constituting Resisting Arrest, these two crimes were the subject of the initial petition. Respondent moved for dismissal of these charges in his first omnibus motion and that motion was denied by this Court in its written order dated December 11, 2006. Upon review of the supplemental motion filed by respondent and the responding affirmation filed by the Assistant Corporation Counsel, the Court deems that part of respondent's supplemental motion seeking dismissal of the counts charging Obstructing Governmental Administration in the Second Degree and Resisting Arrest to be a motion to reargue that portion of the Court's December 11, 2006 order (see, Civil Practice Law and Rules

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