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MATTER OF NELSON R.

90 N.Y.2d 359 (1997)

683 N.E.2d 329

660 N.Y.S.2d 707

In the Matter of Nelson R., a Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency, Respondent.

Court of Appeals of the State of New York.

Decided July 1, 1997.

Attorney(s) appearing for the Case

Mitch Kessler, Kingston, for appellant.

Paul A. Crotty, Corporation Counsel of New York City (George Gutwirth and Francis F. Caputo of counsel), for respondent.

Judith Waksberg, New York City, and Jane M. Spinak for the Juvenile Rights Division of the Legal Aid Society, amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, LEVINE, CIPARICK and WESLEY concur.

SMITH, J.

This appeal raises the issue of whether a juvenile delinquency petition is facially defective when the only supporting deposition containing factual allegations against the respondent has been sworn to by a child under 12 years without a prior judicial determination of the child's competency as a witness. We affirm the order of the Appellate Division because we conclude that any alleged defect caused...

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