In re Rebecca S.

Appellate Division of the Supreme Court of New York

In re Rebecca S.

269 A.D.2d 833, 703 N.Y.S.2d 626, 2000 N.Y. App. Div. LEXIS 1765

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 16, 2000

StatusPublished

Cited by2 cases

This text of 269 A.D.2d 833 (In re Rebecca S.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Rebecca S., 269 A.D.2d 833, 703 N.Y.S.2d 626, 2000 N.Y. App. Div. LEXIS 1765 (N.Y. Ct. App. 2000).

Pincite

Opinion

—Order unanimously affirmed without costs. Memorandum: Family Court’s determination that respondent sexually abused his daughter and son is supported by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]; Matter of Philip M., 82 NY2d 238, 243-244). “Unsworn out-of-court statements of the victim may be received and, if properly corroborated, will support a finding of abuse” (Matter of Nicole V., 71 NY2d 112, 117-118, citing Family Ct Act § 1046 [a] [vi]). The out-of-court statements of the children were sufficiently corroborated by the testimony of the daughter’s pediatrician and the testimony of the sexual abuse validator, and each child’s statements cross-corroborated the other child’s statements concerning the abuse (see, Matter of Jaclyn P., 86 NY2d 875, 878, cert denied sub nom. Papa v Nassau County Dept. of Social Servs., 516 US 1093; Matter of Nicole V., supra, at 121, 124; Matter of Jessica N, 234 AD2d 970, 971-972, appeal dismissed 90 NY2d 1008; Matter of Latisha W., 221 AD2d 645). Additionally, the consistency of the children’s out-of-court statements describing respondent’s sexual conduct enhances the reliability of those out-of-court statements (see, Matter of Rhianna R., 256 AD2d 1184; Matter of Jessica N, supra, at 972). (Appeal from Order of Ontario County Family Court, Harvey, J. — Abuse.) Present — Wisner, J. P., Pigott, Jr., Hurlbutt and Balio, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order unanimously affirmed without costs. Memorandum: Family Court’s determination that respondent sexually abused his daughter and son is supported by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]; Matter of Philip M., 82 NY2d 238, 243-244). “Unsworn out-of-court statements of the victim may be received and, if properly corroborated, will support a finding of abuse” (Matter of Nicole V., 71 NY2d 112, 117-118, citing Family Ct Act § 1046 [a] [vi]). The out-of-court statements of the children were sufficiently corroborated by the testimony of the daughter’s pediatrician and the testimony of the sexual abuse validator, and each child’s statements cross-corroborated the other child’s statements concerning the abuse (see, Matter of Jaclyn P., 86 NY2d 875, 878, cert denied sub nom. Papa v Nassau County Dept. of Social Servs., 516 US 1093; Matter of Nicole V., supra, at 121, 124; Matter of Jessica N, 234 AD2d 970, 971-972, appeal dismissed 90 NY2d 1008; Matter of Latisha W., 221 AD2d 645). Additionally, the consistency of the children’s out-of-court statements describing respondent’s sexual conduct enhances the reliability of those out-of-court statements (see, Matter of Rhianna R., 256 AD2d 1184; Matter of Jessica N, supra, at 972). (Appeal from Order of Ontario County Family Court, Harvey, J. — Abuse.) Present — Wisner, J. P., Pigott, Jr., Hurlbutt and Balio, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

269 A.D.2d 833, 703 N.Y.S.2d 626, 2000 N.Y. App. Div. LEXIS 1765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rebecca-s-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack