In re James C.

Mercure, J.P.

Appeal from an order of the Family Court of Broome County (Connerton, J.), entered December 12, 2006, which dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 3, to adjudicate respondent a juvenile delinquent and committed him to the custody of the Commissioner of Mental Retardation and Developmental Disabilities for a period of one year.

In October 2006, petitioner commenced this juvenile delinquency proceeding against respondent (born in 1993), charging him with acts that, if committed by an adult, would constitute sexual abuse in the first…