The hearing court found that the crimes of rape in the first degree (Penal Law, § 130.35, subd 1) and sodomy in the first degree (Penal Law, § 130.50, subd 1) initially charged in a juvenile delinquency petition arising out of a sexual attack upon a 12-year-old girl were not proved beyond a reasonable doubt. The court further found that the appellant "submitted this child to a sexual act under circumstances far below that which would amount to either rape or sodomy...
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