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Matter of Yvonne

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1012 (N.Y. App. Div. 1995)

Opinion

December 22, 1995

Appeal from the Jefferson County Family Court, Hunt, J.

Present — Pine, J.P., Fallon, Wesley, Balio and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Following a fact-finding hearing, Family Court determined that respondent had sexually abused his daughter Yvonne. We reject respondent's argument that petitioner failed to establish abuse by a preponderance of the evidence because the child's out-of-court statements are not credible and were not corroborated (see, Family Ct Act § 1046 [a] [vi]). The evidence showed that the child's disclosures of abuse were consistent. Petitioner's expert validation witness testified that in her opinion Yvonne was sexually abused by respondent. The witness based her opinion upon the child's consistent disclosures and the range of symptomatic behavior the child exhibited. That validating evidence constituted sufficient corroboration of Yvonne's statements to support the court's determination (see, Matter of Latisha V., 175 A.D.2d 839). We conclude that the court's determination was supported by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]).


Summaries of

Matter of Yvonne

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1012 (N.Y. App. Div. 1995)
Case details for

Matter of Yvonne

Case Details

Full title:In the Matter of YVONNE G., a Child Alleged to be Abused. JOHN M.…

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

Date published: Dec 22, 1995

Citations

222 A.D.2d 1012 (N.Y. App. Div. 1995)
635 N.Y.S.2d 890