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IN RE ANDRE N., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT. IN RE LAMONT V., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT.

The court's findings were based on legally sufficient evidence and were not against the weight of the evidence. The question of the complainant's credibility, including inconsistencies in her testimony, was properly presented to the trier of fact and there is no basis upon which to disturb its determinations. The sexual gratification element could readily be inferred from appellants' conduct itself, for which no innocent explanation was presented by the evidence (Matter of Troy, 270 A.D.2d 107). The evidence clearly established that appellant Lamont V.'s restraint of the complainant was for the purpose of intentionally aiding appellant Andre N. in committing a sexual attack (see, Matter of Simone J., 216 A.D.2d 252).

The court's rulings concerning the scope of redirect and recross-examination were proper exercises of discretion (see,People v. Melendez, 55 N.Y.2d 445, 451).

We have considered and rejected appellants' other arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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IN RE ANDRE N
(Apr 12, 2001)