Opinion
Submitted December 21, 1999
February 10, 2000
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Porzio, J.), dated June 8, 1998, which, upon a fact-finding order of the same court, dated May 5, 1998, made after a hearing, finding that the appellant had committed acts which, if committed by an adult, would have constituted the crimes of rape in the first degree and sexual abuse in the first degree, adjudged him to be a juvenile delinquent and placed him on probation for a period of two years. The appeal brings up for review the fact-finding order dated May 5, 1998.
Monica Drinane, New York, N.Y. (Raymond E. Rogers of counsel), for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Francis F. Caputo and George Gutwirth of counsel), for respondent.
GUY JAMES MANGANO, P.J., MYRIAM J. ALTMAN, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order of disposition is affirmed, without costs or disbursements.
Viewing the evidence in the light most favorable to the Presentment Agency (cf., People v. Contes, 60 N.Y.2d 620 ), we find that it was legally sufficient to establish beyond a reasonable doubt that the appellant committed the charged acts (see, Family Ct. Act. 342.2 Fam. Ct. Act[2]). The unsworn testimony of the victim, who was seven years old when she testified, was sufficiently corroborated by evidence which tended to establish that the acts to which she testified occurred and that the appellant committed them (see,People v. Groff, 71 N.Y.2d 101, 109 ; see also, People v. Furman, 177 A.D.2d 591, 592 ). Moreover, upon the exercise of our factual review power, we are satisfied that the court's determination was not against the weight of the evidence (cf., CPL 470.15[5]).