In re Jessica N.
Opinion of the Court
—Order unanimously reversed on the law and facts without costs, petition granted and matter remitted to Oneida County Family Court for further proceedings in accordance with the following Memorandum: In this abuse and ne
The out-of-court statements of a child victim may be corroborated by "[a]ny other evidence tending to support the reliability” of those statements (Family Ct Act § 1046 [a] [vi]). The Legislature has expressed a clear "intent that a relatively low degree of corroborative evidence is sufficient in abuse proceedings” (Matter of Alena D., 125 AD2d 753, 754, lv denied 69 NY2d 605). Thus, the testimony of a physician that her findings are consistent with a finding of sexual abuse is sufficient; the findings need not be conclusive (see, Matter of David DD., 204 AD2d 791, lv denied 84 NY2d 813; Matter of Michelle I., 189 AD2d 998, 1000; Matter of Dutchess County Dept. of Social Servs. [Yvette J] v Margaret F., 186 AD2d 255, 256; Matter of Alena D., supra, at 754). The physicians who examined respondent’s daughter testified that her hymen was abnormally dilated and that the laceration on her hymen was the result of trauma. In their view, the physical findings were consistent with penile penetration and thus sexual abuse. The court, however, placed greater weight upon the testimony of respondent’s medical expert, who did not examine the child but who, in the court’s view, possessed greater expertise in the diagnosis of child sexual abuse. Although the weight to be accorded conflicting expert testimony "is a matter peculiarly within the province of the trier of fact” (Matter of Breann B., 185 AD2d 711), we conclude that the testimony of respondent’s medical expert on cross-examination that the physical findings of the examining physicians could be consistent with a finding of sexual abuse is consistent with the testimony of plaintiff’s experts and is sufficient to corroborate the child’s out-of-court statements (see, People v Cummings, 219 AD2d 757, 758, lv denied 88 NY2d 846; Matter of David DD., supra; Matter of Michelle I., supra; Matter of Lisa S. v William S., 187 AD2d
Thus, we find that the evidence establishes that respondent sexually abused his daughter and that, under the circumstances, respondent’s stepdaughters are neglected children (see, Family Ct Act § 1012 [f| [i] [B]; see, Matter of David DD., supra, at 793; Matter of Julissa II., 217 AD2d 743, 744; Matter of James P., 137 AD2d 461, 464). We remit this matter to Oneida County Family Court for a dispositional hearing before a different Judge. (Appeal from Order of Oneida County Family Court, Morgan, J.— Abuse.) Present—Lawton, J. P., Fallon, Wesley, Balio and Davis, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.