Larry S. Bachner, New York, for appellant.

Zachary W. Carter, Corporation Counsel, New York (Susan Paulson of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Peter J. Passidomo, J.), entered on or about June 5, 2017, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of sexual abuse in the first and third degrees, and placed him on probation for a period of 12 months, unanimously modified, on the law, to the extent of vacating the finding as to third-degree sexual abuse, and dismissing that count, and otherwise affirmed, without costs.

The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's credibility determinations. The record supports inferences that when appellant grabbed the victim's vagina, he did so for the purpose of sexual gratification, and that he used forcible compulsion (see e.g. People v Fuller, 50 AD3d 1171, 1174-1175 [3d Dept 2008], lv denied 11 NY3d 788 [2008]).

However, as the presentment agency concedes, the third-degree sexual abuse count should be dismissed as a lesser included offense. Concur—Sweeny, J.P., Renwick, Mazzarelli, Gesmer, Singh, JJ.