Opinion
April 13, 1999
Appeal from the Family Court, New York County (Sheldon Rand, J.),
The petition and supporting depositions were legally sufficient. The police officer's supporting deposition containing appellant's inculpatory statement was based upon the officer's personal knowledge, since he heard appellant make that statement to the complaining witness, and it therefore constituted a nonhearsay supporting deposition (Family Ct Act § 311.2; Matter of Rodney J., 108 A.D.2d 307). The separately apprehended juvenile's statement to the complaining witness, also overheard by the police officer and contained within his deposition, constituted the necessary additional proof that the crime charged had been committed (Family Ct Act § 344.2; Matter of Rodney J., supra), and was admissible for this limited purpose under an exception to the hearsay rule as a declaration against penal interest ( People v. Thomas, 68 N.Y.2d 194). We further find that the petition and supporting depositions sufficiently alleged the elements of criminal trespass in the third degree.
Concur — Rosenberger, J. P., Tom, Mazzarelli and Saxe, JJ.