People v. Mayes

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of two counts of sexual abuse in the first degree (Penal Law § 130.65 [3]). We reject defendant’s contention that County Court’s preliminary examination of the eight-year-old victim pursuant to CPL 60.20 (2), outside the presence of the jury, violated defendant’s Federal right to confrontation. Whether a child witness is competent to testify under oath is a legal determination for the court that does not involve the jury (see, People v Morales, 80 NY2d 450, 453-454; People v Wilcox,…