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MATTER OF JERMAINE G.

38 A.D.3d 105 (2007)

828 N.Y.S.2d 160

In the Matter of JERMAINE G., Respondent. PRESENTMENT AGENCY, Appellant.

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

January 9, 2007.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Barry P. Schwartz and Deborah A. Brenner of counsel), for appellant.

Steven Banks, New York City (Tamara A. Steckler and Daniel Greenbaum of counsel), for respondent.

KRAUSMAN, FLORIO and COVELLO, JJ., concur.

OPINION OF THE COURT

RITTER, J.P.

The presentment agency filed a petition pursuant to Family Court Act article 3 to have the respondent, 11-year-old Jermaine G., adjudged to be a juvenile delinquent. The petition alleged that the respondent committed acts which, if committed by an adult, would constitute the crimes of criminal sexual act in the first degree (oral) (see Penal Law § 130.50 [3]), criminal sexual act in the first degree (anal) (...

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