MATTER OF TROY B.


270 A.D.2d 107 (2000)

704 N.Y.S.2d 476

In the Matter of TROY B., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided March 16, 2000.


The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the court's determinations concerning credibility. The sexual gratification element (Penal Law § 130.00 [3]) could be readily inferred from appellant's conduct itself, for which he provided no credible explanation (see, Matter of James OO., 234 A.D.2d 822, lv denied 89 N.Y.2d 812).<...

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