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IN RE KEENAN O

Appellate Division of the Supreme Court of New York, First Department.
Jun 22, 2000
Important Paras
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Although the record supports a finding that appellant was a ten-year-old bully acting out on the school bus, the evidence was insufficient to establish that his objectionable conduct was undertaken for the purpose of gratifying sexual desire (Penal Law § 130.00), a requisite element of second-degree sexual abuse (Penal Law § 130.60; see, Matter of Clifton B., 271 A.D.2d 285; 2000 N.Y. App. Div. LEXIS 4088 [1st Dept.]).

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