People v. Roger S.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Greenberg, J.), rendered April 29, 1988, convicting him of sodomy in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues that the trial court erred by allowing the complainant, who was five years old at the time of the crime, and eight years old at the time of the trial, to give sworn testimony. We disagree. The trial court’s determination of whether a child is competent to give sworn testimony is entitled to significant deference on appeal (see,…