MATTER OF JABARI I.

6314.

90 A.D.3d 490 (2011)

935 N.Y.S.2d 9

2011 NY Slip Op 8982

In the Matter of JABARI I., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided December 13, 2011.


The then-13-year-old complainant testified that the then-13-year-old appellant made rude sexual comments and gave her a quick slap on her buttocks in a classroom in which other students and their teacher were all present. Even if fully credited, this evidence was legally insufficient to establish beyond a reasonable doubt that appellant performed this highly offensive behavior "for the purpose of gratifying sexual desire" (Penal Law § 130.00 [3]; see Matter of Shamar...

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