In the course of the Grand Jury proceedings the Assistant District Attorney undertook to administer the oath to the underage victim witness. We hold that the Assistant is not among those authorized to swear a witness, and in the absence of an oath properly administered either by the foreman or any other grand juror, the indictment was properly dismissed (CPL 190.25 [2]).
However, unlike the motion court, we find that the voir dire of the almost five-year-old witness...
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