IN THE MATTER OF KENDALL J.


24 A.D.3d 357 (2005)

807 N.Y.S.2d 330

In the Matter of KENDALL J., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

December 29, 2005.


The Family Court Judge erred when she struck the entire testimony of respondent's principal witness, Dr. Daniel. Dr. Daniel, a senior attending physician at St. Luke's Hospital, interviewed the seven-year-old complaining witness, Sabrina G.J., in the early morning on August 5, 2004 after Sabrina and her mother, Tiffany G., arrived at the hospital by ambulance.

Sabrina told Dr. Daniel that Kendall (appellant), her fifteen-year-old cousin, put some Vaseline on his finger...

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