People v. Hegeman

Judgment unanimously affirmed.

Memorandum: Following a jury trial, defendant was found guilty of 16 representative counts of sexual abuse in the first degree and four counts of endangering the welfare of a child. He contends that County Court erred when it permitted his 10-year-old daughter to testify under oath (see, CPL 60.20 [2]). The decision whether to accept the sworn testimony of a child less than 12 years of age rests primarily with the Trial Judge and that decision will not be disturbed on review unless it was clearly erroneous (People v Nisoff, 36 NY2d 560, 566; People v Miller, 162…