Legal Opinion

People v. Medina

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

Decided January 6, 1998Published

1Opinion of the Court

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered April 12, 1994, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The court’s ruling allowing testimony of the victim’s daughter, who was eight years old at the time of trial, was a proper exercise of discretion, since the record of the voir dire reflects that the child had the requisite intelligence and capacity to testify at trial and understood the nature and consequence of the oath (see, People v Parks, 41 NY2d 36, 50). The…

2Cases cited1 opinion

  1. People v. RiceAppellate Division of the Supreme Court of the State of New York · 1996

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