Appellate Division of the Supreme Court of the State of New York October 23, 2012 (In re Justique R.)

The court’s finding was supported by legally sufficient evidence. The five-year-old complainant’s unsworn testimony was properly permitted given that the complainant’s response during the voir dire demonstrated a sufficient level of “intelligence *598and capacity to justify the reception thereof’ (Family Ct Act § 343.1 [2]; CPL 60.20 [2]; People v Paul, 48 AD3d 833, 834 [2d Dept 2008]).