People v. Doellner

Judgment unanimously reversed, on the law and facts, and indictment dismissed. Memorandum: Defendant stands convicted of sexual abuse in the first degree (Penal Law, § 130.65) and endangering the welfare of a child (Penal Law, § 260.10). The alleged victim was defendant’s four-year-old niece who at the time of trial had just reached her sixth birthday. After appropriate inquiry, the court, pursuant to GPL 60.20 (subd 2), permitted the infant to testify as an unsworn witness. Although the infant’s testimony was sufficient to establish the elements of sexual abuse in the first degree and…