MATTER OF R.


191 A.D.2d 214 (1993)

594 N.Y.S.2d 203

In the Matter of Peter R., a Person Alleged to be a Juvenile Delinquent, Appellant. Corporation Counsel of City of New York, Respondent

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

March 4, 1993


Since the voir dire reveals that the child understood the nature of the oath, the court did not abuse its discretion in allowing the eight-year old victim to testify under oath (People v Graham, 180 A.D.2d 438, lv denied 79 N.Y.2d 1001). Nor did the court abuse its discretion in denying respondent's application for a continuance to produce a witness in view of respondent's unsubstantiated assertion regarding the witness' unavailability...

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