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PEOPLE v. SHAVERS

205 A.D.2d 395 (1994)

613 N.Y.S.2d 393

The People of the State of New York, Respondent, v. Randolph Shavers, Appellant

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

June 21, 1994

The trial court properly permitted the seven-year-old complainant to testify under oath. The voir dire established that she understood the nature and consequences of an oath (CPL 60.20 [2]), since she knew the difference between the truth and a lie, and that the word "swear" means "that you will always tell the truth" (see, People v Parks, 41 N.Y.2d 36, 50). That a child states she would lie to protect her mother from...

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