Legal Opinion

In re Mark A. B.

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 2000Published

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: The petition, alleging that respondent committed acts that, if committed by an adult, would constitute the crime of sexual abuse in the first degree

*929(Penal Law § 130.65 [3]), together with the supporting depositions of the victim and his brother detailing the acts, complies with Family Court Act § 311.2 (3) (cf., Matter of Neftalí D., 85 NY2d 631, 634). The proof is legally sufficient to establish that respondent committed the acts for the purpose of his sexual gratification (see, People v Smithers, 255 AD2d 916, 917, lv denied 92 NY2d…

2Cases cited5 opinions

  1. Matter of Neftali D.New York Court of Appeals · 1995
  2. People v. BeecherAppellate Division of the Supreme Court of the State of New York · 1996
  3. In re Olivia YY.Appellate Division of the Supreme Court of the State of New York · 1994
  4. People v. SmithersAppellate Division of the Supreme Court of the State of New York · 1998
  5. People v. FarrenAppellate Division of the Supreme Court of the State of New York · 1991

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