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IN THE MATTER OF NICOLETTE R.

9 A.D.3d 270 (2004)

779 N.Y.S.2d 487

In the Matter of NICOLETTE R., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

July 1, 2004.

Although appellant was 12 years old at the time of her arrest and thus would have been deemed, pursuant to Penal Law § 130.05 (3) (a), incapable of consenting to any sexual act rendered unlawful by Penal Law article 130, this circumstance was irrelevant to the issue of whether she was properly found to have committed an act, which if committed by an adult, would constitute the crime of prostitution. The statute defining prostitution...

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