PEOPLE v. BARKSDALE


100 A.D.2d 852 (1984)

The People of the State of New York, Respondent, v. Wayne Barksdale, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 2, 1984


¶ Judgment affirmed.

¶ Despite the fact that the complaining witness had a history of mental illness and alcoholism, we find that the trial court did not abuse its discretion in denying defendant's motion to strike the complaining witness' testimony. The evidence shows that the complaining witness was able to understand the nature of an oath "and to give a reasonably accurate account of what he [had] seen and heard vis-à-vis the subject about which...

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