Matter of Carlos R.
2010 NY Slip Op 08003 [78 AD3d 461]
November 9, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2011


In the Matter of Carlos R., a Person Alleged to be a Juvenile Delinquent, Appellant.

—[*1] Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Elina Druker of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Robert R. Reed, J.), entered on or about October 14, 2009, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of public lewdness, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.

The allegations in the petition and the evidence were both sufficient to establish the "lewd manner" element of public lewdness (Penal Law § 245.00) in that appellant did not merely expose his private parts, but did so in an offensive manner (see Matter of Tyrone G., 74 AD3d 671 [2010]). Concur—Tom, J.P., Saxe, Moskowitz, DeGrasse and Abdus-Salaam, JJ.