In re Julius D.

Appellate Division of the Supreme Court of New York

In re Julius D.

70 A.D.2d 819, 417 N.Y.S.2d 470, 1979 N.Y. App. Div. LEXIS 12371

Appellate Division of the Supreme Court of the State of New York·Decided June 14, 1979·Published

Opinion

— Order, Family Court, Bronx County, entered August 11, 1978, adjudicating respondent a juvenile delinquent and placing him restrictively with the Division for Youth, Title III, unanimously affirmed, without costs or disbursements. We agree with the rationale of the fact-finding court in its well-reasoned decision, except its finding that the six-year-old victim’s prompt disclosure to his mother could be considered on the issue of corroboration. Timely complaint bears on credibility. It does not furnish corroboration. (People v Carey, 223 NY 519; People v Page, 162 NY 272; but see People v Yannucci, 283 NY 546, 550.) The record, nevertheless, [820]*820does disclose sufficient corroborating evidence, to which the fact-finding court made appropriate reference, to support the determination. Concur— Birns, J. P., Fein, Sullivan, Markewich and Silverman, JJ.

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— Order, Family Court, Bronx County, entered August 11, 1978, adjudicating respondent a juvenile delinquent and placing him restrictively with the Division for Youth, Title III, unanimously affirmed, without costs or disbursements. We agree with the rationale of the fact-finding court in its well-reasoned decision, except its finding that the six-year-old victim’s prompt disclosure to his mother could be considered on the issue of corroboration. Timely complaint bears on credibility. It does not furnish corroboration. (People v Carey, 223 NY 519; People v Page, 162 NY 272; but see People v Yannucci, 283 NY 546, 550.) The record, nevertheless, [820]*820does disclose sufficient corroborating evidence, to which the fact-finding court made appropriate reference, to support the determination. Concur— Birns, J. P., Fein, Sullivan, Markewich and Silverman, JJ.

In re Julius D., 70 A.D.2d 819, 417 N.Y.S.2d 470, 1979 N.Y. App. Div. LEXIS 12371 (N.Y. Ct. App. 1979).

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Opinion

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