MATTER OF SHAMAR D.

4655.

84 A.D.3d 605 (2011)

922 N.Y.S.2d 778

In the Matter of SHAMAR D., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided May 19, 2011.


While there is no dispute that the 11-year-old appellant inappropriately touched the 12-year-old complainant without her permission in a crowded school auditorium and that his behavior is deeply offensive, the evidence was insufficient to establish beyond a reasonable doubt that he was acting for the purpose of obtaining "sexual gratification" as required under the Penal Law (see Penal Law § 130.00 [3]; see also Matter of Keenan O., 273...

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