MATTER OF JOEL H.


279 A.D.2d 266 (2001)

718 N.Y.S.2d 347

In the Matter of JOEL H., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided January 4, 2001.


The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court's determinations concerning credibility. The element of intent to obtain sexual gratification (Penal Law § 130.00 [3]) could be inferred from the totality of the circumstances, which included, inter alia, the 15-year-old appellant's fondling of the 11-year-old complainant's chest area as his accomplice held...

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