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In the Matter of SHAMAR D., a Person Alleged to be a Juvenile Delinquent, Appellant.

While there is no dispute that the 11-year-old appellant inappropriately touched the 12-year-old complainant without her permission in a crowded school auditorium and that his behavior is deeply offensive, the evidence was insufficient to establish beyond a reasonable doubt that he was acting for the purpose of obtaining "sexual gratification" as required under the Penal Law ( see Penal Law § 130.00; see also Matter of Keenan O., 273 AD2d 167, citing Matter of Clifton B., 271 AD2d 285).

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IN RE SHAMAR D
(May 19, 2011)