| Matter of Shamar D. |
| 2011 NY Slip Op 04164 [84 AD3d 605] |
| May 19, 2011 |
| Appellate Division, First Department |
| In the Matter of Shamar D., a Person Alleged to be a JuvenileDelinquent, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (June A. Witterschein of counsel), forpresentment agency.
Order of disposition, Family Court, Bronx County (Robert R. Reed, J.), entered on or aboutFebruary 3, 2010, which adjudicated appellant a juvenile delinquent upon a fact-findingdetermination that he committed an act that, if committed by an adult, would constitute the crimeof attempted sexual abuse in the third degree, and placed him on supervised probation for aperiod of 18 months, unanimously reversed, on the law, without costs, and the petition dismissed.
While there is no dispute that the 11-year-old appellant inappropriately touched the12-year-old complainant without her permission in a crowded school auditorium and that hisbehavior is deeply offensive, the evidence was insufficient to establish beyond a reasonabledoubt that he was acting for the purpose of obtaining "sexual gratification" as required under thePenal Law (see Penal Law § 130.00 [3]; see also Matter of Keenan O., 273AD2d 167 [2000], citing Matter of Clifton B., 271 AD2d 285 [2000]).Concur—Tom, J.P., Sweeny, Catterson, Acosta and Manzanet-Daniels, JJ.