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IN RE KENNY O., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT.

The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the court's determinations concerning identification and credibility. The element of intent to obtain sexual gratification, as defined by Penal Law § 130.00(3), could be readily inferred, under all the circumstances, from the 14-year-old appellant's conduct itself, consisting of grabbing the victim's buttock after comments replete with sexual innuendo (see, Matter of Troy B., 270 A.D.2d 107, 704 N.Y.S.2d 476;compare, Matter of Clifton B., 271 A.D.2d 285, 707 N.Y.S.2d 57).

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

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IN RE KENNY O
(Oct 5, 2000)