PEOPLE v. YONKO


34 N.Y.2d 825 (1974)

The People of the State of New York, Respondent, v. Mitch Yonko, Appellant.

Court of Appeals of the State of New York.

Decided June 12, 1974.


Attorney(s) appearing for the Case

Robert H. Levy and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Ronny Greenwald Siegal and Daniel J. Sullivan of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN concur in memorandum; Judge STEVENS taking no part.


MEMORANDUM.

We affirm the determination reached by the Appellate Division majority and add the following comments: The Trial Judge dealt with the infant witnesses under 12 years of age precisely as prescribed in CPL 60.20 where it is provided that such witnesses may be questioned even though the court considers them unable to understand the nature of the oath. (See Richardson, Evidence [10th ed.], §§ 390, 391.)...

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