In re Arnaldo R.

Buckley, P.J., and Mazzarelli, J., dissent in a memorandum by Buckley, P.J., as follows:

I would affirm Family Court’s fact-finding determination that appellant committed acts which, if *329committed by an adult, would constitute the crime of sexual abuse in the first degree.

Prior to testifying, the seven-year-old victim was questioned to ascertain her competence to understand the difference between truth and falsity and the nature of an oath (see People v Cordero, 257 AD2d 372 [1999], lv denied 93 NY2d 968 [1999]). Her responses indicated that she knew the difference between lying and telling the…