Legal Opinion

People v. Bockeno

Appellate Division of the Supreme Court of the State of New York

Decided January 29, 1985PublishedCited by 10 opinions

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: Defendant’s conviction of sexual abuse of his three children, all of whom were less than 12 years old at the time of trial, rests solely on their testimony. Defendant contends that the court erred in permitting the three infant witnesses to give sworn testimony and that the corroborating testimony of the children was insufficient to establish his guilt. We disagree.

A child “less than twelve years old may not testify under oath unless the court is satisfied that he understands the nature of an oath” (CPL 60.20, subd 2). Although a child who does not…

2Cases cited6 opinions

  1. People v. NisoffNew York Court of Appeals · 1975
  2. People v. ColemanNew York Court of Appeals · 1977
  3. People v. RowellNew York Court of Appeals · 1983
  4. People v. FieldingNew York Court of Appeals · 1976
  5. People v. St. JohnAppellate Division of the Supreme Court of the State of New York · 1980

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. People v. SaddlemireAppellate Division of the Supreme Court of the State of New York · 1986
  2. People v. FernandezAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. ScottAppellate Division of the Supreme Court of the State of New York · 1986
  4. People v. MoralesAppellate Division of the Supreme Court of the State of New York · 1986
  5. People v. HowardAppellate Division of the Supreme Court of the State of New York · 1993

5 more not listed; retrieve them via the Exa API.

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