Matter of Nelson R.

OPINION OF THE COURT

Smith, J.

This appeal raises the issue of whether a juvenile delinquency petition is facially defective when the only supporting deposition containing factual allegations against the respondent has been sworn to by a child under 12 years without a prior judicial determination of the child’s competency as a witness. We affirm the order of the Appellate Division because we conclude that any alleged defect caused by the age of the person swearing to the supporting deposition is latent, not facial, and therefore dismissal of the petition for facial insufficiency is not required.