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In re Pablo B.

Supreme Court, Appellate Division, First Department, New York.
Jan 3, 2017
146 A.D.3d 409 (N.Y. App. Div. 2017)

Opinion

01-03-2017

In re PABLO B., 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 (Antonella Karlin 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 (Antonella Karlin of counsel), for presentment agency.

FRIEDMAN, J.P., SWEENY, RICHTER, MANZANET–DANIELS, KAPNICK, JJ.

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about June 9, 2015, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act that, if committed by an adult, would constitute the crime of sexual abuse in the first degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court's finding was based on legally sufficient evidence and was not against the weight of the evidence (People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's determinations concerning credibility.

The court properly permitted the seven-year-old complainant to give sworn testimony because her voir dire responses "established that she sufficiently understood the difference between truth and falsity, the significance of an oath, and the wrongfulness and consequences of lying" (Matter of Dominick S., 91 A.D.3d 576, 938 N.Y.S.2d 509 [1st Dept.2012] ; see also People v. Cordero, 257 A.D.2d 372, 684 N.Y.S.2d 192 [1st Dept.1999], lv. denied 93 N.Y.2d 968, 695 N.Y.S.2d 54, 716 N.E.2d 1099 [1999] ).


Summaries of

In re Pablo B.

Supreme Court, Appellate Division, First Department, New York.
Jan 3, 2017
146 A.D.3d 409 (N.Y. App. Div. 2017)
Case details for

In re Pablo B.

Case Details

Full title:In re Pablo B., A Person Alleged to be a Juvenile Delinquent, Appellant…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Jan 3, 2017

Citations

146 A.D.3d 409 (N.Y. App. Div. 2017)
146 A.D.3d 409
2017 N.Y. Slip Op. 9