IN THE MATTER OF CODY


57 A.D.3d 1491 (2008)

870 N.Y.S.2d 658

In the Matter of CODY D., Appellant. ONEIDA COUNTY ATTORNEY, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

December 31, 2008.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order adjudicating him to be a juvenile delinquent based on the finding that he committed acts that, if committed by an adult, would constitute the crimes of rape in the first degree (Penal Law § 130.35 [3]) and criminal sexual act in the first degree (§ 130.50 [3]). We reject the contention of respondent that Family Court erred...

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