People v. Morales

OPINION OF THE COURT

Kaye, J.

Did defendant have a right to be present when the trial court preliminarily examined a child-witness to determine whether she understood the nature of an oath? We conclude that defendant did not have that right, and accordingly sustain his conviction.

I

In March 1988, defendant was indicted for rape, sodomy and *452other crimes against R.H. and E.T., children with whom he lived for several years in the role of stepfather. Both children testified at trial; E.T. was at that time 13 years old and R.H. nine. As R.H. was less than 12, the trial court was required to find that…