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PEOPLE v. MURPHY

139 Misc.2d 83 (1988)

The People of the State of New York, Plaintiff, v. Joseph Murphy, Defendant.

Supreme Court, Kings County.

March 24, 1988

Attorney(s) appearing for the Case

William Cleary for defendant. Elizabeth Holtzman, District Attorney (Joyce Bresnick of counsel), for plaintiff.

ANNE G. FELDMAN, J.

This opinion addresses the trial court's power to set aside a posttrial conviction based principally upon the sworn testimony of a child who that court concludes did not understand the nature and importance of an oath.

PROCEDURAL BACKGROUND

Defendant was charged with two counts of forcible sodomy in the first degree (Penal Law § 130.50); three counts of forcible sexual...

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