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Legal Opinion

People v. Soler

Criminal Court of the City of New York

Decided June 30, 1989PublishedCited by 7 opinions

1Opinion of the Court

*525OPINION OF THE COURT

Harold Beeler, J.

Defendant, charged with assault in the third degree (Penal Law § 120.00 [1], [2]) and endangering the welfare of a child (Penal Law § 260.10), moves to dismiss the information at bar on the ground that the supporting deposition of the eight-year-old complainant was not properly verified pursuant to CPL 100.30.

Specifically, defendant contends that the statutory presumption of incompetence governing testimony in criminal proceedings by children under 12 (CPL 60.20 [2]) applies to a child witness’ verification under CPL 100.30 and, accordingly, requires a…

2Cases cited10 opinions

  1. People v. AlejandroNew York Court of Appeals · 1987
  2. People v. NisoffNew York Court of Appeals · 1975
  3. People v. PhillipeCriminal Court of the City of New York · 1989
  4. People v. KingCriminal Court of the City of New York · 1988
  5. People v. PierreCriminal Court of the City of New York · 1988

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. People v. ClarkeCriminal Court of the City of New York · 1994
  2. People v. PageCriminal Court of the City of New York · 1991
  3. People v. MunnellyNassau County District Court · 1993
  4. People v. ClaxtonCriminal Court of the City of New York · 1994
  5. People v. McDermottCriminal Court of the City of New York · 1993

2 more not listed; retrieve them via the Exa API.

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