Legal Opinion
People v. Pullman
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1996PublishedCited by 4 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: After preliminary questioning, County Court properly determined that the 10-year-old developmentally disabled victim possessed sufficient capacity and intelligence to testify. "[R]esolution of the issue of witness competency is exclusively the responsibility of the trial court, subject to limited appellate review” (People v Parks, 41 NY2d 36, 46; see, People v Nisoff, 36 NY2d 560, 566). It was an abuse of discretion, however, for the court to permit the victim to be sworn because she did not demonstrate the necessary comprehension and appreciation…
2Cases cited6 opinions
- People v. NisoffNew York Court of Appeals · 1975
- People v. GroffNew York Court of Appeals · 1987
- People v. LynchAppellate Division of the Supreme Court of the State of New York · 1995
- People v. HobbsAppellate Division of the Supreme Court of the State of New York · 1992
- People v. MailleAppellate Division of the Supreme Court of the State of New York · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. McIverAppellate Division of the Supreme Court of the State of New York · 2005
- People v. A. J. RutledgeAppellate Division of the Supreme Court of the State of New York · 2001
- People v. RaymondAppellate Division of the Supreme Court of the State of New York · 2009
- People v. BusterAppellate Division of the Supreme Court of the State of New York · 1997