In re Justique R.

The court’s finding was supported by legally sufficient evidence. The five-year-old complainant’s unsworn testimony was properly permitted given that the complainant’s response during the voir dire demonstrated a sufficient level of “intelligence *598and capacity to justify the reception thereof’ (Family Ct Act § 343.1 [2]; CPL 60.20 [2]; People v Paul, 48 AD3d 833, 834 [2d Dept 2008]). The complainant testified that she was in her mother’s bedroom watching television when the 13-year-old appellant came into the room, pulled down her pants, and “put his tail in my butt.” When asked further…