In re Duane NN.

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.

Petitioner commenced this proceeding as the result of a June 4, 1993 incident in which respondent, then 15 years old, had sexual intercourse with a female, also a minor, who was unconscious while under the influence of alcohol, an act which would constitute the crime of rape in the first degree if committed by an adult. Following…