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Matter of Sharrell

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1993
190 A.D.2d 629 (N.Y. App. Div. 1993)

Opinion

February 25, 1993

Appeal from the Family Court, New York County (Marjory D. Fields, J.).


Contrary to appellant's contention, the 3 1/2-year old child's consistent, repeated, and detailed descriptions of sexual contact with appellant, significant in themselves as showing age-inappropriate knowledge of sexual behavior (Matter of Nicole V., 71 N.Y.2d 112, 121; see also, Matter of Estina W., 181 A.D.2d 554), were further corroborated by the child's demonstration of appellant's sexual acts through the use of anatomically correct dolls and her "extraordinary" sexual acting out consistent with her verbal descriptions (Matter of Nicole V., supra). Appellant's argument that a higher standard than preponderance of the evidence should be required since a finding of sexual abuse may serve as a predicate for termination of parental rights is unpreserved for appellate review, and, in any event, without merit (Matter of Tammie Z., 66 N.Y.2d 1). We have considered appellant's remaining contentions and find them to be without merit.

Concur — Murphy, P.J., Carro, Ellerin and Ross, JJ.


Summaries of

Matter of Sharrell

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1993
190 A.D.2d 629 (N.Y. App. Div. 1993)
Case details for

Matter of Sharrell

Case Details

Full title:In the Matter of SHARRELL B., a Child Alleged to be Abused. ROGER C.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 25, 1993

Citations

190 A.D.2d 629 (N.Y. App. Div. 1993)

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