Legal Opinion

In re Clive C.

New York City Family Court

Decided June 26, 2007Published

1Opinion of the Court

OPINION OF THE COURT

Mary E. Bednar, J.

The respondent has brought a motion to dismiss the instant petition. The following are my findings of fact and conclusions of law.

The Facts

On April 25, 2007 the presentment agency filed a petition alleging that “on or about, a date in December 1999” the respondent committed acts which were he an adult would have constituted the crimes of criminal sexual act in the first degree (Penal Law § 130.50 [3]), sexual abuse in the first degree (Penal Law § 130.65 [3]), sexual misconduct (Penal Law § 130.20 [2]), and sexual abuse in the third degree (Penal Law §…

2Cases cited7 opinions

  1. People v. TaranovichNew York Court of Appeals · 1975
  2. People v. FullerNew York Court of Appeals · 1982
  3. People v. MorrisNew York Court of Appeals · 1984
  4. Matter of Benjamin L.New York Court of Appeals · 1999
  5. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1999

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