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PEOPLE v. HOPKINS

190 A.D.2d 573 (1993)

The People of the State of New York, Respondent, v. Carol Hopkins, Appellant

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

February 11, 1993

Contrary to defendant's claim on appeal, the court did not err in allowing the defendant's son to testify under oath. The court conducted an extensive voir dire of the 9½ year old, and the boy's responses support the finding that he was capable of understanding the nature of an oath (People v Graham, 180 A.D.2d 438, lv denied 79 N.Y.2d 1001; CPL 60.20). Further, as the boy's testimony was corroborated by other witnesses...

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