In re Jason FF.
Cases that cite this one
12 later published cases cite this decision.
- In re Erika G. (Appellate Division of the Supreme Court of New York 2001)
- Matter of Alexander CC. (Appellate Division of the Supreme Court of New York 2021)
- In re Jamaica M. (Appellate Division of the Supreme Court of New York 2011)
- Sandulescu v. Caico (Appellate Division of the Supreme Court of New York 2010)
- Sandulescu v. Caico (Appellate Division of the Supreme Court of New York 2009)
- In re Brittenie K. (Appellate Division of the Supreme Court of New York 2008)
- In re Jared WW. (Appellate Division of the Supreme Court of New York 2008)
- In re Milicia NN. (Appellate Division of the Supreme Court of New York 2006)
- In re Barry H. (Appellate Division of the Supreme Court of New York 2005)
- In re Joshua F. (Appellate Division of the Supreme Court of New York 2003)
- In re Micah HH. (Appellate Division of the Supreme Court of New York 1999)
- People v. Robrigado (Appellate Division of the Supreme Court of New York 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from an order of the Family Court of Sullivan County (Meddaugh, J.), entered January 10, 1995, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 3, to adjudicate respondent a juvenile delinquent.
Respondent, who was 12 years old at the time, was charged with having subjected his eight-year-old neighbor (hereinafter the victim) to sexual contact. After a fact-finding hearing, at which testimony was elicited from the victim, her mother and a police officer who responded to a call from the victim’s mother, respondent was adjudged to have committed the acts alleged in the petition, which, if committed by an adult, would constitute the crime of sexual abuse in the first degree, a class D felony. A dispositional hearing was held, after which respondent was placed with the Department of Social Services, pending residential placement, for a period of 12 months.
At the outset, we note that respondent filed a notice of appeal only from the fact-finding order, from which no appeal lies as of right (see, Family Ct Act § 1112 [a]); no appeal has been taken from the dispositional order, which was entered July 12, 1995. Rather than dismiss the appeal presently before us, however, we shall treat the notice of appeal as an application for leave to appeal, and grant the application sua sponte (cf., Matter of Elacqua v James EE., 203 AD2d 688).
Respondent contends that Family Court erred in taking the victim’s sworn testimony; we disagree. The court cannot be said to have abused its discretion in determining that the victim — who indicated that she knew the difference between the truth and a lie, understood that she had to promise not to
Regarding the merits, it is apparent from the record that Family Court’s finding of guilt is justified. Viewed in the light most favorable to petitioner, the victim’s testimony — which was corroborated, in part, by that of the other witnesses— established her age, and that respondent had kissed her "hard” on the lips while placing his tongue in her mouth, and rubbed his hands between her legs, near her "private parts”, despite her entreaty to "stop”. This is enough to warrant concluding that respondent subjected a person "less than eleven years old” to "sexual contact” (Penal Law § 130.65 [3]; see, People v Crandall, 53 AD2d 956, affd 45 NY2d 851). It may be inferred from the nature of these acts themselves, in the absence of contrary evidence, that they were performed for the purpose of gratifying the sexual desire of either the perpetrator or the victim (see, People v Teicher, 52 NY2d 638, 646-647; Matter of Olivia YY., 209 AD2d 892).
The remainder of respondent’s arguments were either not preserved for review or relate to the propriety of the disposition, and hence are not properly before us on this appeal.
Mikoll, J. P., Mercure, Peters and Spain, JJ., concur. Ordered that the order is affirmed, without costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.