In re Keenan O.

Appellate Division of the Supreme Court of New York

In re Keenan O.

273 A.D.2d 167, 711 N.Y.S.2d 721, 2000 N.Y. App. Div. LEXIS 7513

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

DecidedJune 29, 2000

StatusPublished

Cited by1 cases

This text of 273 A.D.2d 167 (In re Keenan O.) 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 Keenan O., 273 A.D.2d 167, 711 N.Y.S.2d 721, 2000 N.Y. App. Div. LEXIS 7513 (N.Y. Ct. App. 2000).

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Opinion

Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about April 26, 1999, which adjudicated the 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 second degree, and placed him in the custody of the Commissioner for Social Services for twelve months, unanimously reversed, on the law, without costs, and the petition dismissed.

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 [3]), a requisite element of second-degree sexual abuse (Penal Law § 130.60; see, Matter of Clifton B., 271 AD2d 285). Concur — Mazzarelli, J. P., Ellerin, Lerner, Andrias and Friedman, JJ.

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Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about April 26, 1999, which adjudicated the 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 second degree, and placed him in the custody of the Commissioner for Social Services for twelve months, unanimously reversed, on the law, without costs, and the petition dismissed.

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 [3]), a requisite element of second-degree sexual abuse (Penal Law § 130.60; see, Matter of Clifton B., 271 AD2d 285). Concur — Mazzarelli, J. P., Ellerin, Lerner, Andrias and Friedman, JJ.

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Bluebook (online)

273 A.D.2d 167, 711 N.Y.S.2d 721, 2000 N.Y. App. Div. LEXIS 7513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-keenan-o-nyappdiv-2000.

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