General

In the Matter of Jabari I., a Person Alleged to be a Juvenile Delinquent, Appellant

90 A.D.3d 490935 N.Y.S.2d 9·New York Supreme Court, Appellate Division·2011·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

In the Matter of Jabari I., a Person Alleged to be a Juvenile Delinquent, Appellant. [935 NYS2d 9] [MAJORITY] The then-13-year-old complainant testified that the then-13year-old appellant made rude sexual comments and gave her a quick slap on her buttocks in a classroom in which other students and their teacher were all present. Even if fully credited, this evidence was legally insufficient to establish beyond a reasonable doubt that appellant performed this highly offensive behavior “for the purpose of gratifying sexual desire” (Penal Law § 130.00 [3]; see Matter of Shamar D., 84 AD3d 605 [2011]; Matter of Keenan O., 273 AD2d 167 [2000]). Regardless of whether the evidence was legally sufficient, we also conclude that the court’s finding was against the weight of the evidence. Concur — Mazzarelli, J.P, Andrias, Renwick, Freedman and Manzanet-Daniels, JJ.