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PEOPLE v. CANADY

173 A.D.2d 313 (1991)

The People of the State of New York, Respondent, v. Erwin Canady, Appellant

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

May 16, 1991

The unsworn testimony of the victim's 4-year old daughter was properly admitted under appropriate precautionary instructions to the jury. Defendant was not denied his constitutional right of confrontation by reason of the fact that he encountered difficulties in cross-examining this witness. If anything, cross-examination was voluntarily terminated after the witness had given several answers contradictory to her earlier, damaging...

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