People v. Hendy

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered December 8, 1987, convicting defendant, after a bench trial, of two counts of sodomy in the first degree (Penal Law § 130.50 [1], [3]) and sentencing him to two concurrent terms of imprisonment of IV2 to 15 years, is unanimously affirmed.

In this trial of the sodomy of a seven-year-old boy, defendant argues that the child lacked the testimonial capacity to be sworn. It is within the discretion of the Judge to make this determination based on the witness demonstrating that he has the intelligence and capacity to justify his…