IN THE MATTER OF JONATHAN C

The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. The evidence supported the conclusion that appellant acted as a lookout and was not merely observing a crime (see e.g. Matter of Louis V., 288 AD2d 38; Matter of Von T., 260 AD2d 293, lv denied 93 NY2d 815). There was no reasonable explanation for his presence and conduct during the crime, other than that he was acting as a lookout.

In its oral decision, the court properly dismissed the count of sexual abuse in the third degree as a lesser included offense of sexual abuse in the first and second degrees. Accordingly, we modify the order of disposition, to the extent indicated, to conform to the court's oral decision.