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IN THE MATTER OF DEMETRIUS B.

54 A.D.3d 332 (2008)

862 N.Y.S.2d 584

In the Matter of DEMETRIUS B., Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

August 5, 2008.

A 12-year-old complaining witness is presumed competent to testify (see Family Ct Act § 343.1 [1], [2]; cf. People v Martina, 48 A.D.3d 1271, 1272 [2008]; People v Mann, 41 A.D.3d 977, 980 [2007]; People v Peppard, 27 A.D.3d 1143 [2006]; see also CPL 60.20 [1], [2]). The appellant failed...

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