People v. Spillett

—Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered May 19, 1998, convicting him of rape in the first degree and sexual abuse in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the trial court improperly allowed the 10-year-old complainant to give sworn testimony is unpreserved for appellate review, as he failed to raise the issue in the trial court (see CPL 470.05 [2]; People v Ashman, 292 AD2d 458; People v McCall, 277 AD2d 467). In any event, the *606contention is…