Legal Opinion

In re McGee

New York City Family Court

Decided April 29, 1986PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Jeffry H. Gallet, J.

The respondent father in this child protective proceeding *1038moves to compel the production of his three-year-old daughter, whom he is alleged to have sexually abused, so that he may call her as a defense witness.

ISSUE

Where a child’s hearsay testimony has been received in accordance with Family Court Act § 1046 (a) (vi), does a respondent have the right to call the child as his or her witness?

BACKGROUND

The respondent is accused of sexually abusing his three-year-old daughter. The petitioner Commissioner of Social Services, in his direct case, presented the…

2Cases cited9 opinions

  1. Meyer v. NebraskaSupreme Court of the United States · 1923
  2. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  3. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
  4. Lincoln v. LincolnNew York Court of Appeals · 1969
  5. In re Dean L.Appellate Division of the Supreme Court of the State of New York · 1985

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In re Kim K.New York City Family Court · 1991
  2. In re GaleNew York City Family Court · 1987

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