In re Carlos R.

Appellate Division of the Supreme Court of New York

In re Carlos R.

78 A.D.3d 461, 909 N.Y.S.2d 635

Appellate Division of the Supreme Court of the State of New York·Decided November 9, 2010·Published·Cited by 3 cases

Opinion

Order of disposition, Family Court, Bronx County (Robert R. Reed, J.), entered on or about October 14, 2009, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of public lewdness, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.

The allegations in the petition and the evidence were both sufficient to establish the “lewd manner” element of public lewdness (Penal Law § 245.00) in that appellant did not merely expose his private parts, but did so in an offensive manner (see Matter of Tyrone G., 74 AD3d 671 [2010]). Concur — Tom, J.P., Saxe, Moskowitz, DeGrasse and Abdus-Salaam, JJ.

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Order of disposition, Family Court, Bronx County (Robert R. Reed, J.), entered on or about October 14, 2009, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of public lewdness, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.

The allegations in the petition and the evidence were both sufficient to establish the “lewd manner” element of public lewdness (Penal Law § 245.00) in that appellant did not merely expose his private parts, but did so in an offensive manner (see Matter of Tyrone G., 74 AD3d 671 [2010]). Concur — Tom, J.P., Saxe, Moskowitz, DeGrasse and Abdus-Salaam, JJ.

In re Carlos R., 78 A.D.3d 461, 909 N.Y.S.2d 635 (N.Y. Ct. App. 2010).

Pincite

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Opinion

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