From Casetext: Smarter Legal Research

Matter of Samuel T

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1999
265 A.D.2d 562 (N.Y. App. Div. 1999)

Opinion

Submitted September 16, 1999

October 28, 1999

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 (Ambrosio, J.).


ORDERED that the order of disposition is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the presentment agency proffered independent evidence which corroborated the victim's unsworn testimony so as to furnish the necessary connection between the appellant and the crime-equivalent conduct (see,People v. Baculima, 228 A.D.2d 447 ; People v. Novak, 212 A.D.2d 740 ;People v. Johnson, 156 A.D.2d 383 ), including the testimony of the victim's mother regarding his complaints following the abuse (see generally, People v. McDaniel, 81 N.Y.2d 10, 16 ), the victim's prior consistent statements (see, Matter of Elizabeth D., 139 A.D.2d 66, 69 ; Matter of Tina H., 123 A.D.2d 864, 864-865 ), and the appellant's own version of the incident (see, People v. Morse, 177 A.D.2d 1015, 1016 ).

Viewing the evidence in a light most favorable to the presenting agency, we find that it was legally sufficient to prove beyond a reasonable doubt that the appellant committed an act which, if committed by an adult, would have constituted the crime of sexual abuse in the second degree (see, Matter of Jermaine B., 249 A.D.2d 468 ;Matter of Christopher S., 241 A.D.2d 498 ; cf., People v. Contes, 60 N.Y.2d 620 ). Moreover, upon the exercise of our factual review power, we are satisfied that the findings of fact were not against the weight of the evidence (see, Family Ct Act § 342.2;Matter of Titus S., 243 A.D.2d 636 ).

SANTUCCI, J.P., THOMPSON, SULLIVAN, and SMITH, JJ., concur.


Summaries of

Matter of Samuel T

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1999
265 A.D.2d 562 (N.Y. App. Div. 1999)
Case details for

Matter of Samuel T

Case Details

Full title:In the Matter of SAMUEL T. (Anonymous), appellant

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

Date published: Oct 28, 1999

Citations

265 A.D.2d 562 (N.Y. App. Div. 1999)
697 N.Y.S.2d 142