Opinion
October 18, 1994
Appeal from the Family Court, Bronx County (Richard M. Ross, J.).
Contrary to appellant's contention, there is no authority either statutory or judicial, for the proposition that a juvenile delinquency petition is jurisdictionally defective for no other reason except that it is supported only by the deposition of a complainant less than 12 years old. Although appellant contends that the petition or deposition itself must demonstrate the competency of the deponent to make a sworn statement, that argument was recently rejected in Matter of Henry M. ( 194 A.D.2d 606 [2d Dept], lv granted 82 N.Y.2d 657, appeal withdrawn 83 N.Y.2d 963), and there is no basis for this Court to hold otherwise since there is no facial defect in the petition and accompanying deposition (see, Matter of Edward B., 80 N.Y.2d 458).
Concur — Sullivan, J.P., Carro, Rosenberger, Williams and Tom, JJ.