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MATTER OF RANDOLPH P
Appellate Division of the Supreme Court of New York, First Department.
Oct 13, 1998
The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence, including the complainant's testimony that appellant personally participated in touching her vagina, breasts and buttocks through her clothing, supporting the court's conclusion that the presentment agency established appellant's guilt of third-degree sexual abuse beyond a reasonable doubt ( see, Penal Law § 130.55, 130.00 Penal [3]). We have considered and rejected appellant's additional claims.
Concur — Lerner, P.J., Sullivan, Mazzarelli, Andrias and Saxe, JJ.
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