Legal Opinion · Dissent

In re Arielle LL.

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

Decided May 9, 2002Published

1DissentCrew Iii, J.

We respectfully dissent. “A child’s unsworn out-of-court statement relating to abuse or neglect may be introduced into evidence at a fact-finding hearing and, if sufficiently corroborated, will support a finding of abuse or neglect * * *” (Matter of Stephen GG., 279 AD2d 651, 652 [citation omitted]). To that end, Family Court Act § 1046 (a) (vi) broadly provides that “[a]ny other evidence tending to support the reliability of the previous statements * * * shall be sufficient corroboration,” and the case law makes clear that such corroboration may take many forms, including medical evidence…

2Cases cited9 opinions

  1. In re Jared XX.Appellate Division of the Supreme Court of the State of New York · 2000
  2. In re Kelly F.Appellate Division of the Supreme Court of the State of New York · 1994
  3. In re Akia KK.Appellate Division of the Supreme Court of the State of New York · 2001
  4. In re Stephen GG.Appellate Division of the Supreme Court of the State of New York · 2001
  5. In re Jessica Y.Appellate Division of the Supreme Court of the State of New York · 1994

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