In re Jabari I.

Appellate Division of the Supreme Court of New York

In re Jabari I.

90 A.D.3d 490, 935 N.Y.2d 9

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

DecidedDecember 13, 2011

StatusPublished

This text of 90 A.D.3d 490 (In re Jabari I.) 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 Jabari I., 90 A.D.3d 490, 935 N.Y.2d 9 (N.Y. Ct. App. 2011).

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Opinion

The then-13-year-old complainant testified that the then-13year-old appellant made rude sexual comments and gave her a quick slap on her buttocks in a classroom in which other students and their teacher were all present. Even if fully credited, this evidence was legally insufficient to establish beyond a reasonable doubt that appellant performed this highly offensive behavior “for the purpose of gratifying sexual desire” (Penal Law § 130.00 [3]; see Matter of Shamar D., 84 AD3d 605 [2011]; Matter of Keenan O., 273 AD2d 167 [2000]).

Regardless of whether the evidence was legally sufficient, we also conclude that the court’s finding was against the weight of the evidence. Concur — Mazzarelli, J.P, Andrias, Renwick, Freedman and Manzanet-Daniels, JJ.

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The then-13-year-old complainant testified that the then-13year-old appellant made rude sexual comments and gave her a quick slap on her buttocks in a classroom in which other students and their teacher were all present. Even if fully credited, this evidence was legally insufficient to establish beyond a reasonable doubt that appellant performed this highly offensive behavior “for the purpose of gratifying sexual desire” (Penal Law § 130.00 [3]; see Matter of Shamar D., 84 AD3d 605 [2011]; Matter of Keenan O., 273 AD2d 167 [2000]).

Regardless of whether the evidence was legally sufficient, we also conclude that the court’s finding was against the weight of the evidence. Concur — Mazzarelli, J.P, Andrias, Renwick, Freedman and Manzanet-Daniels, JJ.

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Bluebook (online)

90 A.D.3d 490, 935 N.Y.2d 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jabari-i-nyappdiv-2011.

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