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MATTER OF YY.

209 A.D.2d 892 (1994)

619 N.Y.S.2d 212

In the Matter of Olivia YY. et al., Children Alleged to be Abused. Fulton County Department of Social Services, Respondent; Abigail A., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 23, 1994

Casey, J.

Respondent contends that she cannot be found to have committed acts which constitute sexual abuse in the first degree in the absence of direct evidence that the conduct was for the purpose of gratifying sexual desire (see, Penal Law § 130.00 [3]). Respondent relies upon Matter of Michael M. (156 Misc.2d 98, 101), but in that case the parent conceded that he had touched his children as...

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