Legal Opinion

People v. Brown

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 2011PublishedCited by 7 opinions

1Opinion of the Court

Memorandum:

On appeal from a judgment convicting him, following a nonjury trial, of criminal sexual act in the first degree (Penal Law § 130.50 [3]) and endangering the welfare of a child (§ 260.10 [1]), defendant contends that Supreme Court erred in permitting a six-year-old child to give sworn testimony. Contrary to the People’s contention, the contention of defendant is preserved for our review. We nevertheless conclude that it is without merit.

The presumption that a child less than nine years old is incapable of giving sworn testimony “is overcome ... if the court is satisfied that the…

2Cases cited14 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. NisoffNew York Court of Appeals · 1975
  4. People v. MoralesNew York Court of Appeals · 1992
  5. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by7 opinions

  1. People v. LapiAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. LashwayAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. LapiAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. LashwayAppellate Division of the Supreme Court of the State of New York · 2013

2 more not listed; retrieve them via the Exa API.

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