Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: DAVID R., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Order of disposition, Family Court, Bronx County (John Hunt, J.), entered on or about May 4, 1999, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of sodomy in the first degree (four counts) and endangering the welfare of a child (two counts), and placed him on probation for 2 years with the Juvenile Intensive Supervision Program, unanimously affirmed, without costs.
The court properly permitted the seven-year-old victim to testify under oath since the voir dire established that he could recall and relate events and knew the difference between truth and falsity, the nature of an oath and the consequences of lying (see, People v. Cordero, 257 A.D.2d 372, 684 N.Y.S.2d 192, lv. denied 93 N.Y.2d 968, 695 N.Y.S.2d 54, 716 N.E.2d 1099). In any event, his testimony was fully corroborated by other evidence.
The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. Appellant's actions and comments during the incident established that he intentionally aided his brother in sodomizing the victims (see, People v. Bracey, 41 N.Y.2d 296, 301, 392 N.Y.S.2d 412, 360 N.E.2d 1094). We have considered and rejected appellant's remaining claims.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: February 28, 2002
Court: Supreme Court, Appellate Division, First Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)