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IN RE SHAMAR D
Appellate Division of the Supreme Court of New York, First Department.
May 19, 2011
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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 ยง 130.00; see also Matter of Keenan O., 273 AD2d 167, citing Matter of Clifton B., 271 AD2d 285).
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