Jeffrey V., Matter of
| Decision Date | 06 July 1992 |
| Citation | 586 N.Y.S.2d 18,185 A.D.2d 241 |
| Parties | In the Matter of JEFFREY V. (Anonymous), Appellant. |
| Court | New York Supreme Court — Appellate Division |
Lenore Gittis, New York City (Raymond E. Rogers, of counsel), for appellant.
O. Peter Sherwood, Corp. Counsel, New York City (Barry P. Schwartz and Deborah R. Douglas, of counsel), for respondent.
Before BRACKEN, J.P., and SULLIVAN, BALLETTA and LAWRENCE, JJ.
MEMORANDUM BY THE COURT.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from a fact-finding order and order of disposition (one paper) of the Family Court, Kings County (Schechter, J.), dated October 11, 1990, which, after a hearing, found that the appellant had committed an act which, if committed by an adult, would have constituted the crime of public lewdness, adjudged him to be a juvenile delinquent, and placed him with the Division for Youth, Title III, for a period not to exceed one year.
ORDERED that the order is affirmed, without costs or disbursements.
At the fact-finding hearing, the presentment agency adduced testimony of the three complaining witnesses to the effect that the appellant called them "sluts" and yelled other vulgar and disparaging comments at them. The appellant then stood on a public street in full view of the complaining witnesses, exposed his penis, grabbed it, and waved it at them, and shouted "stare at this". Contrary to the appellant's contention, we find that this sexually offensive conduct went far beyond mere public nudity (cf., People v. Craft, 149 Misc.2d 223, 564 N.Y.S.2d 695; People v. Hardy, 77 Misc.2d 1092, 357 N.Y.S.2d 970; People v. Gilbert, 72 Misc.2d 75, 338 N.Y.S.2d 457) and consisted of an act which, if committed by an adult, would have constituted the crime of public lewdness (see, Penal Law § 245.00[a]; Matter of Paul R., 131 A.D.2d 764, 516 N.Y.S.2d 790; People v. Darryl M., 123 Misc.2d 723, 475 N.Y.S.2d 704; People v. Sullivan, 87 Misc.2d 254, 383 N.Y.S.2d 791).
Viewing the evidence in the light most favorable to the presentment agency (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the appellant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the finding of guilt was not against the weight of the evidence (see, CPL 470.15[5]. Accordingly, we discern no basis for disturbing the Family Court's...
To continue reading
Request your trial
-
People v. Goodrell
... ... 2d 349, 454 N.E.2d 932 ), we conclude that the evidence is legally sufficient to support the conviction of both counts of public lewdness (see Matter of Jeffrey V., 185 A.D.2d 241, 241242, 586 N.Y.S.2d 18 ; Matter of Paul R., 131 A.D.2d 764, 764765, 516 N.Y.S.2d 790 ). We further conclude that, ... ...
-
Smithers v. Cnty. of Oneida
... ... expose his private parts, but did so in an offensive manner, which was sufficient to establish the lewd manner element of public lewdness (Matter of Carlos R., 78 A.D.3d 461, 461, 909 N.Y.S.2d 635 ; see Matter of Tyrone G., 74 A.D.3d 671, 671, 902 N.Y.S.2d 362 ; Matter of Jeffrey V., 185 ... ...
-
People v. Wade
... ... , and shouted, Stare at this, the court noted that these acts would constitute public lewdness had they been committed by an adult; Matter of Jeffrey V., 185 A.D.2d 241, 242, 586 N.Y.S.2d 18 (2d Dept.1992). The court found exactly the kind of behavior which the Legislature intended to ... ...
-
In re Tyrone G.
... ... again, this time calling out her name and behaving in a manner likely to ensure that she directed her attention to his exposed condition ( see Matter of Jeffrey V., 185 A.D.2d 241, 586 N.Y.S.2d 18 [1992]; see also People v. Sullivan, 87 Misc.2d 254, 383 N.Y.S.2d 791 [App. Term, 2d Dept.1976] ).For ... ...