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MATTER OF R. v. R.

166 A.D.2d 161 (1990)

In the Matter of Erick R., a Child Alleged to be Abused. Commissioner of Social Services, Respondent, v. Eric R., Appellant

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

October 2, 1990

In a child protective proceeding, out-of-court statements of the victim, although hearsay, are admissible and, if properly corroborated by other evidence tending to support their reliability, may support a finding of abuse (Matter of Nicole V., 71 N.Y.2d 112, rearg denied 71 N.Y.2d 890). Contrary to the father's contentions, substantial medical evidence established rectal penetration, including the lack of an anal wink, visibility...

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