Ordered that the judgment is affirmed, and the case is remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).
We find that the court did not improvidently exercise its discretion in allowing the two seven-year-old complainants and the 11-year-old complainant to testify under oath. The court's preliminary examination of each child adequately demonstrated that each of the three children understood the nature of testifying...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.