People v. Scott

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The Appellate Division’s finding that defendant’s confession was voluntary, a mixed question of law and fact, is supported by evidence in the record and therefore beyond this Court’s further review (see, People v Harrison, 57 NY2d 470, 477; People v Johnson, 40 NY2d 882, 883). The trial court did not abuse its discretion in permitting the four-year-old victim to give unsworn testimony after having conducted an inquiry outside the presence of the jury and determining that the child understood the difference…