It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Following its determination that respondent is an incapacitated person, Family Court found that there is probable cause to believe that he committed one of the felonies alleged in the juvenile delinquency petition, i.e., sodomy in the first degree (Penal Law former § 130.50 [3]; see Family Ct Act § 322.2 [5] [a])....
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