Francis Charles W., Matter of
| Decision Date | 23 January 1987 |
| Citation | 511 N.Y.S.2d 710,126 A.D.2d 936 |
| Parties | In the Matter of FRANCIS CHARLES W., JR., Samuel W. and David C. |
| Court | New York Supreme Court — Appellate Division |
Gerald T. Barth by James Maxwell, Syracuse, for appellant.
Robert J. Rossi by Anthony Copani, Syracuse, for respondent.
Joseph J. Heath by Joseph Heath, Syracuse, law guardian.
Before DILLON, P.J., and DOERR, DENMAN, PINE and LAWTON, JJ.
In this proceeding under article 10 of the Family Court Act to determine whether respondent had sexually abused her children, the court properly admitted the affidavits of a Sheriff's Department investigator which recited the children's out-of-court statements describing acts of sexual abuse. Those affidavits were admissible under Family Court Act § 1046(a)(iv) as memoranda of the investigator's interviews with the children and the children's statements contained therein were admissible under Family Court Act § 1046(a)(vi).
The children's statements were sufficiently corroborated and the court thus properly sustained the allegations of abuse against respondent. Corroborative evidence is "any other evidence tending to support the reliability of" the child's out-of-court statement (Family Court Act § 1046[a][vi] ). Here, the statement of each child, while insufficient standing alone to sustain the petition, tends to support the reliability of the others (Matter of Tantalyn TT., 115 A.D.2d 799, 801, 495 N.Y.S.2d 740; Matter of Cindy JJ., 105 A.D.2d 189, 190-191, 484 N.Y.S.2d 249). This is especially true with respect to the eldest child's statement describing acts of abuse committed by respondent against his brothers (see, Matter of Cindy JJ., supra ). Additional corroboration is supplied by the evidence that the eldest child made separate statements to two witnesses, each of whom testified credibly about such statements (see, Matter of Michael G., 129 Misc.2d 186, 191-192, 492 N.Y.S.2d 993; see also, Matter of Jennifer G., 112 A.D.2d 755, 756, 492 N.Y.S.2d 254 appeal dismissed 66 N.Y.2d 1035, 499 N.Y.S.2d 1030, 489 N.E.2d 1303). Finally, the testimony of Merlene White enhanced the reliability of the children's statements. White testified that she observed respondent's youngest children, ages 6 1/2 and 4 1/2, place their hands under her shirt and play with her breasts for five to ten minutes without respondent saying anything to the children or making any effort to interfere. This evidence of sexual abuse (see, Family Court...
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Nicole V., Matter of
...statements to corroborate each other. The orders were affirmed by the Appellate Divisions, 123 A.D.2d 97, 510 N.Y.S.2d 567 and 126 A.D.2d 936, 511 N.Y.S.2d 710, and we granted both respondents leave to appeal so that we could consider the types of evidence which may be used to corroborate a......
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Andres Q. v. Letiticia Y.A.
... 2022 NY Slip Op 51416(U) In the Matter of a Proceeding Under Article 6 of the Family Court Act, Andres Q., PETITIONER, v. Letiticia ... N.Y.2d 112, 118 (1987) rearg denied sub nomine Matter of ... Frances Charles W ., 126 A.D.2d 936 [4th Dept 1987]; ... Matter of Amber B., 39 A.D.3d 743 [2d Dept 2007] ... ...
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Starr H., Matter of
...witnesses, each of whom testified credibly about the statements, tends to support their reliability (see, Matter of Francis Charles W., 126 A.D.2d 936, 511 N.Y.S.2d 710, affd. 71 N.Y.2d 112, 524 N.Y.S.2d 19, 518 N.E.2d 914, rearg. denied 71 N.Y.2d 890, 527 N.Y.S.2d 772, 522 N.E.2d 1070). Fu......
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