People v. Graham

Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered June 25, 1990, convicting defendant, after a non-jury trial, of four counts of sodomy in the first degree, and sentencing him to four concurrent terms of imprisonment of 7 to 21 years, is unanimously affirmed.

*439Defendant stands convicted of sexual crimes against his stepson. On appeal, defendant argues that it was error to place his stepson, ten years old at the time of trial, under oath, since there was no demonstration that he understood the nature of an oath. Under CPL 60.20, a witness less than 12 years old may not testify…