People v. Diaz

Judgment, Supreme Court, Bronx County (Phylis Bamberger, J.), rendered January 12, 1989, convicting defendant, after a jury trial, of two counts of sexual abuse in the first degree, and sentencing him, as a predicate felon, to concurrent indeterminate prison terms of from three and one-half to seven years, unanimously affirmed.

Defendant’s contention that the trial court abused its discretion in determining that the nine-year-old complainant was competent to give sworn testimony is unpreserved for appellate review (CPL 470.05 [2]). In any case, we decline to disturb the trial court’s…