Legal Opinion

People v. James

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

Decided November 8, 1996PublishedCited by 2 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: The contention of defendant that County Court erred in permitting the six-year-old victim to give unsworn testimony is not preserved for our review (see, CPL 470.05 [2]). In any event, the court’s careful and sensitive questioning of the victim established that she had sufficient *904intelligence and understanding of the difference between truth and falsehood to justify the reception of her unsworn testimony (see, CPL 60.20 [2]; People v Nisoff, 36 NY2d 560, 566; People v Bitting, 224 AD2d 1012, lv denied 88 NY2d 845). The People presented corroborative…

2Cases cited9 opinions

  1. People v. SandovalNew York Court of Appeals · 1974
  2. People v. NisoffNew York Court of Appeals · 1975
  3. People v. GroffNew York Court of Appeals · 1987
  4. People v. GutkaissAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. St. JohnAppellate Division of the Supreme Court of the State of New York · 1980

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3Cited by2 opinions

  1. People v. DelacruzAppellate Division of the Supreme Court of the State of New York · 2000
  2. People v. SchnoorAppellate Division of the Supreme Court of the State of New York · 2012

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