MATTER OF LAMARK H.

2017-12523, Docket No. E-17380-16.

170 A.D.3d 724 (2019)

93 N.Y.S.3d 583

2019 NY Slip Op 01598

In the Matter of Lamark H., Jr., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided March 6, 2019.


Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant was accused of touching the six-year-old complainant's vagina and placing his penis in her mouth. Following a hearing to determine the complainant's competency to give sworn testimony, the Family Court determined that the six-year-old complainant understood the nature of testifying under oath and was therefore competent to be sworn as a witness. After a fact-finding hearing...

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