Legal Opinion
In re Dandre H.
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 2011PublishedCited by 5 opinions
1Opinion of the Court
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations.
The court properly permitted the five-year-old victim to give sworn testimony. The victim’s voir dire responses established that he sufficiently understood the difference between truth and falsity, that lying was wrong, and that lying could bring adverse consequences (see People v Nisoff, 36 NY2d 560, 565-*554566 [1975]; People v Cordero, 257 AD2d 372 [1999], lv denied…
2Cases cited5 opinions
- People v. DanielsonNew York Court of Appeals · 2007
- People v. MorenoNew York Court of Appeals · 1987
- People v. McDanielNew York Court of Appeals · 1993
- People v. NisoffNew York Court of Appeals · 1975
- People v. CorderoAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by5 opinions
- People v. LoMaglioAppellate Division of the Supreme Court of the State of New York · 2015
- In re D.R.New York City Family Court · 2016
- LOMAGLIO, MATTHEW L., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
- People v. Demoura (Jose)Appellate Terms of the Supreme Court of New York · 2018
- People v. LoMaglioAppellate Division of the Supreme Court of the State of New York · 2015