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MATTER OF ABDUS S.

5952

91 A.D.3d 428 (2012)

939 N.Y.S.2d 294

2012 NY Slip Op 21

In the Matter of IBN ABDUS S., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided January 3, 2012.

The court credited the testimony of the 11-year-old complainant* and found, based on her testimony, that on the morning of October 6, 2010 she was in the school gym with approximately 100 other students, including 10-year-old appellant. At some point during gym class, the complainant was walking by herself towards the bleachers where the majority of her friends were sitting. It was at this point that appellant quickly approached her, and when...

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