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PEOPLE v. OBAIR

138 A.D.2d 750 (1988)

The People of the State of New York, Respondent, v. Paul Obair, Appellant

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

March 28, 1988

Ordered that the judgment is affirmed.

The defense counsel failed to preserve his objection to having the nine-year-old complainant sworn as a witness. Therefore, the issue is unpreserved for our review (CPL 470.05 [2]). In any event, the trial court did not abuse its discretion in deeming the complainant qualified to be sworn as a witness since he adequately demonstrated his ability to understand the nature of an oath ...

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