MATTER OF D.


36 A.D.2d 742 (1971)

In the Matter of Byron D. (Anonymous), a Person Alleged to be a Juvenile Delinquent, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 15, 1971


Order reversed, on the law and the facts, and petition dismissed.

Appellant was charged with committing acts which, if committed by an adult, would have constituted the crime of sexual abuse in the first degree, in violation of subdivision 1 of section 130.65 of the Penal Law. The testimony of the complainant, at the adjudicatory hearing, established the commission of such acts. Her testimony was uncorroborated. Despite that charge and proof, the trial court found...

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