Legal Opinion
People v. Guerrero
Appellate Division of the Supreme Court of the State of New York
Decided May 11, 1998PublishedCited by 5 opinions
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Greenberg, J.), rendered April 24, 1996, convicting him of sodomy in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The trial court did not improvidently exercise its discretion in allowing the seven-year-old complainant to testify as a sworn witness, since he had “ ‘some conception’ of the obligations of an oath and the consequences of giving false testimony” (People v Parks, 41 NY2d 36, 46, quoting People v Washor, 196 NY 104, 109). Moreover, the child indicated…
2Cases cited5 opinions
- People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
- People v. AshwalNew York Court of Appeals · 1976
- People v. . WashorNew York Court of Appeals · 1909
- People v. SchultzAppellate Division of the Supreme Court of the State of New York · 1990
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by5 opinions
- People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2001
- People v. NelsonAppellate Division of the Supreme Court of the State of New York · 2001
- People v. HugennieAppellate Division of the Supreme Court of the State of New York · 2002
- People v. Jian Guo XiaAppellate Division of the Supreme Court of the State of New York · 1998
- People v. RobrigadoAppellate Division of the Supreme Court of the State of New York · 1998