Matter of Tyrone G.

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Matter of Tyrone G. 2010 NY Slip Op 05663 [74 AD3d 671] June 24, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2010

In the Matter of Tyrone G., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

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

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about September 24, 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 nine months, unanimously affirmed, without costs.

The evidence established the "lewd manner" element of public lewdness (Penal Law § 245.00). Appellant did not merely expose his private parts, but did so in the offensive manner at which the statute is aimed (see People v McNamara, 78 NY2d 626, 631 [1991]). Appellant exposed himself to a teacher's assistant, and then did so 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 AD2d 241 [1992]; see also People v Sullivan, 87 Misc 2d 254 [App Term, 2d Dept 1976]).

For the same reasons, we reject appellant's related challenge to the jurisdictional sufficiency of the allegations in the petition. Concur—Saxe, J.P., Friedman, Nardelli, Moskowitz and Richter, JJ.

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