In re Brion H.

Mikoll,

Appeal from an order of the Family Court of Chemung County (Frawley, J.), entered November 5, 1987, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 3, to adjudicate respondent a juvenile delinquent.

Respondent, a juvenile under 16 years of age, to wit, 14 years, was alleged in this Family Court Act article 3 proceeding to have engaged in sexual intercourse with a female, then nine years of age, an act which if committed by an adult *833would constitute the crime of rape in the first degree. Respondent initially appeared before Family Court on the…