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PEOPLE v. DiFABIO

170 A.D.2d 1028 (1991)

The People of the State of New York, Respondent, v. Anthony DiFabio, Appellant

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

February 1, 1991

Judgment unanimously affirmed.

Memorandum:

The trial court did not exceed its power in passing upon the competency of the infant victim to testify before the Grand Jury. The Grand Jury constitutes part of a superior court (CPL 190.05) and the superior court, as well as the District Attorney, is its legal advisor (CPL 190.25 [6]). The court is empowered by CPL 60.20 (1) to determine the testimonial capacity of a witness in a "criminal proceeding". Since a Grand...

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