People v. Yonko

Memoeandum. We affirm the determination reached by the' Appellate Division majority and add the following comments: The Trial Judge dealt with the infant witnesses under 12 years of age precisely as prescribed in CPL 60.20 where it is provided that such witnesses may be questioned even though the court considers them unable to understand the nature of the oath. (See Richardson, Evidence [10th ed.], §§ 390, 391.) Here, *8277 children testified or were questioned concerning defendant’s deviate sexual practices with his daughters. The witnesses ranged in age from 6 years to 12 and one half years. All…