IN RE: KWAME H.

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

IN RE: KWAME H., a Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.

Decided: February 25, 1999

ROSENBERGER, J.P., ELLERIN, WILLIAMS and ANDRIAS, JJ. Susan Clemente, for Appellant. Julian L. Kalkstein, for Presentment Agency.

Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about February 2, 1998, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed acts which, if committed by an adult, would constitute the crimes of sexual abuse in the third degree and menacing in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court's findings were based on legally sufficient evidence and were not against the weight of the evidence.   We see no reason to disturb the court's credibility determinations, which are supported by the record.   Given these determinations, the evidence permitted a reasonable inference that the purpose of appellant's conduct was sexual gratification as defined by Penal Law §§ 130.55 and 130.00(3).

MEMORANDUM DECISION.