In re Clifton B.

Appellate Division of the Supreme Court of New York

In re Clifton B.

271 A.D.2d 285, 707 N.Y.S.2d 57, 2000 N.Y. App. Div. LEXIS 4088

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 13, 2000

StatusPublished

Cited by5 cases

This text of 271 A.D.2d 285 (In re Clifton B.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Clifton B., 271 A.D.2d 285, 707 N.Y.S.2d 57, 2000 N.Y. App. Div. LEXIS 4088 (N.Y. Ct. App. 2000).

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Opinion

—Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about May 4, 1999, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crime of sexual abuse in the first degree, and placed him on probation for 12 months, unanimously reversed, on the law, without costs, and the petition dismissed.

There is insufficient evidence to establish that the appellant, 11 years old at the time of the incident, intended to make sexual contact with the victim. Contrary to the court’s finding, it could not be inferred readily from appellant’s conduct that his action was undertaken for the purpose of gratifying sexual desire (Penal Law §§ 130.65, 130.00 [3]). The circumstances of the incident, i.e., the chaotic situation of children fighting on a school bus, does not clearly establish that appellant’s actions were taken for sexual gratification. Concur — Nardelli, J. P., Mazzarelli, Lerner and Friedman, JJ.

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—Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about May 4, 1999, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crime of sexual abuse in the first degree, and placed him on probation for 12 months, unanimously reversed, on the law, without costs, and the petition dismissed.

There is insufficient evidence to establish that the appellant, 11 years old at the time of the incident, intended to make sexual contact with the victim. Contrary to the court’s finding, it could not be inferred readily from appellant’s conduct that his action was undertaken for the purpose of gratifying sexual desire (Penal Law §§ 130.65, 130.00 [3]). The circumstances of the incident, i.e., the chaotic situation of children fighting on a school bus, does not clearly establish that appellant’s actions were taken for sexual gratification. Concur — Nardelli, J. P., Mazzarelli, Lerner and Friedman, JJ.

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Bluebook (online)

271 A.D.2d 285, 707 N.Y.S.2d 57, 2000 N.Y. App. Div. LEXIS 4088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-clifton-b-nyappdiv-2000.

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