People v. Davila
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered February 7, 1994, convicting him of attempted sodomy in the first degree and endangering the welfare of a child, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the court properly found that one of the complainants, who was 11 years old at the time of trial, could be sworn as a witness. The voir dire revealed that he was aware of a moral duty to tell the truth and that God would punish him if he lied (see, People v Velez,…
2Cases cited9 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. CharlestonNew York Court of Appeals · 1982
- People v. TankleffNew York Court of Appeals · 1994
- People v. TankleffAppellate Division of the Supreme Court of the State of New York · 1993
- People v. CharltonAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by5 opinions
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- People v. BrabhamAppellate Division of the Supreme Court of the State of New York · 2004
- People v. Greene, New York County Courts2001
- People v. RobrigadoAppellate Division of the Supreme Court of the State of New York · 1998
- People v. RollockAppellate Division of the Supreme Court of the State of New York · 1998