PEOPLE v. BOHN


155 A.D.2d 679 (1989)

The People of the State of New York, Respondent, v. Donald Bohn, Appellant

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

November 27, 1989


Ordered that the judgment is affirmed.

Initially it should be noted that since there was no objection to the reception of the eight-year-old victim's unsworn testimony, this issue is unpreserved for review (see, CPL 470.05 [2]). In any event, CPL 60.20 (2) permits the court to accept unsworn testimony if a witness possesses "intelligence and capacity to justify the reception" of his evidence. The decision as to whether to admit unsworn testimony of a minor...

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