In re Robert T.

OPINION OF THE COURT

Richard D. Huttner, J.

The respondent herein is charged with various sex offenses against the complainant. The petition was accompanied by two supporting depositions, one signed by the complainant, age seven, and the other signed by an eyewitness, age nine. Both deponents were called by the prosecution to testify and since they were both less than 12 years of age, the court made inquiry into each child’s capacity to understand the nature of an oath. (Family Ct Act, § 343.1.)

After examination by the court, the complainant was found not to understand the nature of an oath,…