MATTER OF JUSTIQUE R.

8235.

99 A.D.3d 597 (2012)

952 N.Y.S.2d 443

2012 NY Slip Op 7060

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

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

October 23, 2012.


The court's finding was supported by legally sufficient evidence. The five-year-old complainant's unsworn testimony was properly permitted given that the complainant's response during the voir dire demonstrated a sufficient level of "intelligence and capacity to justify the reception thereof" (Family Ct Act § 343.1 [2]; CPL 60.20 [2]; People v Paul, 48 A.D.3d 833, 834 [2d Dept 2008...

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