In re Edward B., 655 N.E.2d 361 (N.Y. 1995)
A juvenile delinquency petition is not facially insufficient solely because the supporting deposition is sworn to by a child under 12 years old without a prior judicial determination of the child’s competency as a witness; such a defect is latent, not facial.
Summary
The New York Court of Appeals addressed whether a juvenile delinquency petition is facially defective when the only supporting deposition with factual allegations is sworn to by a child under 12 without a prior judicial competency determination. The court held that the petition’s validity is not undermined because the age of the witness is a latent defect, not a facial one. The court reasoned that the notary’s signature affirmed the complainant’s sworn statement, and the petition appeared valid on its face. The court affirmed the lower court’s decision, emphasizing that age is a relevant factor but not a definitive bar to competency.
Facts
A juvenile delinquency petition alleged that Edward B., acting with another, committed acts that would constitute sodomy, sexual abuse, unlawful imprisonment, sexual misconduct, and menacing if committed by an adult. The petition was supported by a deposition from the complainant, sworn before a notary public, and a statement from the complainant’s mother stating the complainant’s birth date. The complainant was under 12 years old.
Procedural History
The respondent moved to dismiss the petition, arguing that the complainant’s age rendered her incapable of submitting a sworn statement without a prior judicial competency determination. Family Court denied the motion. Prior to the fact-finding hearing, the Family Court conducted a voir dire of the complaining witness and determined she understood the difference between truth and lies and appreciated the importance of telling the truth in court. The Family Court adjudicated the respondent a juvenile delinquent. The Appellate Division affirmed. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether a juvenile delinquency petition is facially insufficient if it does not explicitly state that a witness under 12 years old was judicially determined competent before swearing to a supporting deposition.
Holding
No, because the failure of a petition to state affirmatively that a witness under 12 years of age has been judicially determined competent to swear to a supporting deposition does not render the petition facially insufficient; any defect is latent, not facial.
Court’s Reasoning
The Court of Appeals reasoned that a petition is facially sufficient when non-hearsay allegations in the petition or supporting depositions establish every element of the crime charged and the respondent’s commission thereof, citing Family Court Act § 311.2 (3). The court emphasized that while age is a factor in determining witness capacity, the Family Court Act does not specify age limitations for witnesses swearing to supporting depositions. The court distinguished between facial and latent defects. A facial defect is apparent on the face of the document, whereas a latent defect is not. The court held that because the notary’s signature attested to the complainant’s sworn statement, the petition appeared valid on its face. Any question regarding the complainant’s capacity to swear to the deposition was a latent defect, not requiring dismissal at the outset. The court cited Matter of Edward B., 80 NY2d 458, 465, stating that the failure of a petition to state affirmatively that a witness under 12 years of age has been judicially determined competent to swear to a supporting deposition does not render the petition facially insufficient.