Opinion
November 15, 1993
Appeal from the Family Court, Westchester County (Murphy, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
It is well settled that a juvenile delinquency petition is facially sufficient if it contains nonhearsay allegations in either the factual part of the petition or the supporting depositions, which, if true, establish every element of the crimes charged and the appellant's commission thereof (see, Family Ct Act § 311.2). Contrary to the appellant's contention, we find that the victim's supporting deposition contained nonhearsay allegations of acts which, if committed by an adult, would have constituted every element of the crimes of sodomy in the first degree and sexual abuse in the first degree (see, Matter of Jahron S., 79 N.Y.2d 632; Matter of Alex B., 189 A.D.2d 813).
Viewing the evidence in the light most favorable to the presentment agency (see, People v Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish the appellant's guilt of the acts charged beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the finding of guilt was not against the weight of the evidence (see, CPL 470.15).
The appellant's remaining contentions are without merit. Mangano, P.J., Balletta, Copertino and Joy, JJ., concur.