Opinion
November 19, 1973
In a juvenile delinquency proceeding, the appeal is from an order of the Family Court, Kings County, dated May 1, 1973, which, after a fact-finding determination, discharged appellant to another similar proceeding against appellant pending in the same court under Docket No. D 10899/72. Order reversed, on the law, without costs, and petition dismissed. In our opinion, as a matter of law, the evidence presented failed to establish that appellant had committed acts which, if committed by an adult, would constitute the crime of sexual abuse in the third degree (Penal Law, § 130.55). The seven-year-old alleged victim was not sworn and no other direct evidence of appellant's culpability was offered. Requisite statutory corroboration (CPL 60.20) was not made out by appellant's alleged response to petitioner that "she went with me." These words specified no time or date, no place and no act of criminality. There is even ambiguity as to which of petitioner's two daughters the response referred to. Shapiro, Acting P.J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.