Opinion
Argued September 7, 1999
October 25, 1999
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Queens County (Fitzmaurice, J.).
ORDERED that the order of disposition is affirmed, without costs or disbursements.
Viewing the evidence in the light most favorable to the presentment agency (cf., People v. Contes, 60 N.Y.2d 620 ), we find that it was legally sufficient to establish that the complainant was "physically helpless" within the meaning of Penal Law § 130.00(7) (see, People v. Ferrer, 250 A.D.2d 860 ; People v. Yankowitz, 169 A.D.2d 748 ; People v. Cirina, 143 A.D.2d 763 ; see also, People v. Himmel, 252 A.D.2d 273 ).
The appellant's remaining contentions do not require reversal.
S. MILLER, J.P., O'BRIEN, RITTER, and FLORIO, JJ., concur.