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PEOPLE v. MALDONADO

199 A.D.2d 563 (1993)

606 N.Y.S.2d 258

The People of the State of New York, Respondent, v. Ezequiel Maldonado, Appellant

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

December 30, 1993

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

The nine-year-old infant complainant's answers to the highly suggestive preliminary examination conducted by the Trial Judge and the prosecutor demonstrate that she did not have "`some conception' of the obligations of an oath and the consequences of giving false testimony" (People v Parks, 41 N.Y.2d 36

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