Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).
Contrary to the defendant's contention, the trial court properly permitted the eight-year-old complainant to be sworn as a witness. Absent an improvident exercise of discretion, the court's determination with respect to a witness's competency will not be disturbed (see, People v Nisoff,
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