Opinion
1999-10102
Submitted October 2, 2003.
October 27, 2003.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an amended order of disposition of the Family Court, Orange County (Bivona, J.), entered October 4, 1999, which, upon a fact-finding order of the same court dated June 24, 1999, finding that the appellant had committed acts that, if committed by an adult, would have constituted the crime of sexual abuse in the first degree (three counts), adjudged the appellant to be a juvenile delinquent and placed him in the custody of the Orange County Commissioner of Social Services for a period of 12 months.
Richard Cardinale, Brooklyn, N.Y., for appellant.
Catherine M. Bartlett, County Attorney, Goshen, N.Y. (Allan Y. Drian and Matthew J. Nothnagle of counsel), for respondent.
Before: NANCY E. SMITH, J.P., LEO F. McGINITY, HOWARD MILLER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the amended order of disposition is affirmed, without costs or disbursements.
The appellant correctly contends that the Family Court erred in admitting into evidence the testimony of a witness, who was allegedly sexually abused by the appellant in the past, under the motive, intent, identity, and absence of mistake or accident exceptions to the Molineux rule ( see People v. Molineux, 168 N.Y. 264; see also People v. Vargas, 88 N.Y.2d 856, 858; People v. Seaman, 239 A.D.2d 681, 681-682; People v. Mercado, 188 A.D.2d 941, 943; People v. Bagarozy, 132 A.D.2d 225, 234-237). However, the error in admitting the testimony was harmless ( see People v. San Roc Rest., 117 A.D.2d 760).
SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.