PEOPLE v. CHESNARD


175 A.D.2d 254 (1991)

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

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

July 22, 1991


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...

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