PEOPLE v. MORALES


80 N.Y.2d 450 (1992)

The People of the State of New York, Respondent, v. Edwin Morales, Appellant.

Court of Appeals of the State of New York.

Decided December 17, 1992.


Attorney(s) appearing for the Case

Arthur H. Hopkirk, New York City, and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Jodi L. Mandel and Roseann B. Mackechnie of counsel), for respondent.

Acting Chief Judge SIMONS and Judges TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.


KAYE, J.

Did defendant have a right to be present when the trial court preliminarily examined a child-witness to determine whether she understood the nature of an oath? We conclude that defendant did not have that right, and accordingly sustain his conviction.

I.

In March 1988, defendant was indicted for rape, sodomy and other crimes against R.H. and...

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