Opinion
5739
02-15-2018
IN RE NICHOLAS M., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency
Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Jeremy W. Shweder of counsel), for presentment agency.
Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Jeremy W. Shweder of counsel), for presentment agency.
Friedman, J.P., Tom, Mazzarelli, Singh, JJ.
Order of disposition, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about February 22, 2016, which adjudicated appellant a juvenile delinquent upon a fact-finding determination, Family Court, Westchester County (Hal B. Greenwald, J.), entered on or about June 11, 2015, that appellant committed an act that, if committed by an adult, would constitute the crime of criminal sexual act in the first degree, and placed him on probation for a period of 12 months, unanimously reversed, on the law, without costs, and the petition dismissed.
The presentment agency concedes that the petition should be dismissed because the four-year-old complainant lacked the capacity to give truthful and accurate testimony and was thus incapable of testifying under oath, and because his testimony was not corroborated by any evidence (see Family Ct Act § 343.1 ).