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MATTER OF V.

55 A.D.2d 958 (1977)

In the Matter of Carlos V., Appellant

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

January 31, 1977

Order reversed, on the facts, without costs or disbursements, and petition dismissed.

In our opinion, the court did not improvidently exercise its discretion in taking sworn testimony from the infant witness (see Wheeler v United States, 159 U.S. 523, 524-525). However, it is our view that the evidence failed to prove beyond a reasonable doubt that appellant had committed acts which, if done by an adult, would have constituted...

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