PEOPLE v. JOVAL


212 A.D.2d 547 (1995)

622 N.Y.S.2d 528

The People of the State of New York, Respondent, v. Juan Joval, Appellant

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

February 6, 1995


Ordered that the judgment is affirmed.

The trial court conducted a hearing on the competency of the nine-year-old complainant before she testified at the trial. After observing the child and listening to her testimony, the court found that she had the intelligence and capacity to understand the nature of an oath and thus permitted her to give sworn testimony. The resolution of the issue of witness competency is primarily the responsibility of the trial court because...

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