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PEOPLE v. HENDY

159 A.D.2d 250 (1990)

The People of the State of New York, Respondent, v. Dwight Hendy, Appellant

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

March 8, 1990

In this trial of the sodomy of a seven-year-old boy, defendant argues that the child lacked the testimonial capacity to be sworn. It is within the discretion of the Judge to make this determination based on the witness demonstrating that he has the intelligence and capacity to justify his testimony as well as an understanding of the nature of an oath. (People v Nisoff, 36 N.Y.2d 560.) The child indicated that he understood the difference...

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