IN RE TRAEKWON I., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, ap

4445-4447. IN RE TRAEKWON I., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, ap — JJ. Larry S. Bachner, Jamaica, for ap — ZACHARY W. CARTER, CORPORATION COUNSEL, NEW YORK (ANTONELLA KARLIN OF COUNSEL), FOR PRESENTMENT AGENCY.—Orders of disposition, Family Court, Bronx County (Peter J. Passidomo, J.), entered on or about April 22, 2016, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed acts that, if committed by an adult, would constitute the crimes of forcible touching, criminal possession of a weapon in the fourth degree, menacing in the second degree and sexual abuse in the third degree, and also adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of petit larceny, and placed him on probation for concurrent periods of 12 months in each case, unanimously affirmed, without costs. Appeal from fact-finding order, same court and Judge, entered on or about December 8, 2015, unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.

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4445-4447. IN RE TRAEKWON I., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, ap — JJ. Larry S. Bachner, Jamaica, for ap — ZACHARY W. CARTER, CORPORATION COUNSEL, NEW YORK (ANTONELLA KARLIN OF COUNSEL), FOR PRESENTMENT AGENCY.—Orders of disposition, Family Court, Bronx County (Peter J. Passidomo, J.), entered on or about April 22, 2016, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed acts that, if committed by an adult, would constitute the crimes of forcible touching, criminal possession of a weapon in the fourth degree, menacing in the second degree and sexual abuse in the third degree, and also adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of petit larceny, and placed him on probation for concurrent periods of 12 months in each case, unanimously affirmed, without costs. Appeal from fact-finding order, same court and Judge, entered on or about December 8, 2015, unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.

The court’s fact-finding determination was based on legally sufficient evidence and was not against the weight of the evidence (People v. Danielson, 9 NY3d 342 [2007]). There is no basis for disturbing the court’s credibility determinations. Menacing in the second degree and criminal possession of a weapon in the fourth degree were established by the victim’s testimony that she saw appellant display a razor blade, and that she felt it as he pressed it against her neck. Regarding sexual abuse in the third degree, the element of sexual contact for the purpose of sexual gratification could be inferred from appellant’s conduct in squeezing the victim’s breasts and buttocks, and there was no innocent explanation for that conduct (see Matter of Xheenan, 273 AD2d 50 [1st Dept 2000]). Regarding forcible touching, it could be inferred that appellant had a motive to abuse or degrade the victim, and there was no legitimate purpose for his acts.

IN RE TRAEKWON I., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, ap

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