Opinion
October 18, 2001.
Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about January 19, 2001, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts that, if committed by an adult, would have constituted the crime of attempted sexual abuse in the third degree (two counts), and placed him on probation for 2 years, unanimously affirmed, without costs.
Jonathan M. Kratter, for Christopher T.
Alan Beckoff, for appellant.
Before: Sullivan, P.J., Williams, Tom, Mazzarelli, Andrias, JJ.
The court's finding was based on legally sufficient evidence. The element of intent to obtain sexual gratification could clearly be inferred from the totality of the circumstances (see, Matter of Kenny O., 276 A.D.2d 271, lv denied 96 N.Y.2d 701). His conduct was clearly sexual and cannot be characterized as "horseplay."
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.