In re Berris GG.

Mercure, J. P.

Appeal from an order of the Family Court of Sullivan County (Meddaugh, J.), entered February 8, 1994, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 3, to adjudicate respondent a juvenile delinquent.

Respondent and another black youth, Duane NN., were jointly tried on petitions alleging that they had sexual intercourse with a female who was unconscious while under the influence of alcohol, an act which, if committed by an adult, would constitute the crime of rape in the first degree. They were each found guilty of the charge and…