Legal Opinion
People v. Murphy
New York Supreme Court
Decided March 24, 1988PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Anne G. Feldman, J.
This opinion addresses the trial court’s power to set aside a posttrial conviction based principally upon the sworn testimony of a child who that court concludes did not understand the nature and importance of an oath.
*84PROCEDURAL BACKGROUND
Defendant was charged with two counts of forcible sodomy in the first degree (Penal Law § 130:50); three counts of forcible sexual abuse in the first degree (Penal Law § 130.65 [1]); one count of sexual abuse in the first degree (victim less than 11 years old; Penal Law § 130.65 [3]), and endangering the welfare of a…
2Cases cited6 opinions
- People v. NisoffNew York Court of Appeals · 1975
- People v. GroffNew York Court of Appeals · 1987
- People v. MarinAppellate Division of the Supreme Court of the State of New York · 1984
- McGrath v. New York Central & Hudson River RailroadNew York Court of Appeals · 1876
- People v. RamosAppellate Division of the Supreme Court of the State of New York · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. ColonCriminal Court of the City of New York · 1988