People v. Rivera

OPINION OF THE COURT

Alan D. Marrus, J.

Pursuant to a motion to inspect the Grand Jury minutes and dismiss the indictment, the court has determined that the only evidence before the Grand Jury which inculpates the defendant is the testimony of a child witness, under 12 years of age, who was permitted to testify as a sworn witness. There is no record of any allocution and determination by the District Attorney or a Judge that the child was competent to testify as a sworn witness. The District Attorney has informed the court that, without making a record, she did conduct such *15an inquiry and made…