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PEOPLE v. JAMES

233 A.D.2d 903 (1996)

649 N.Y.S.2d 550

The People of the State of New York, Respondent, v. Otis James, Jr., Appellant

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

November 8, 1996

Judgment unanimously affirmed.

Memorandum:

The contention of defendant that County Court erred in permitting the six-year-old victim to give unsworn testimony is not preserved for our review (see, CPL 470.05 [2]). In any event, the court's careful and sensitive questioning of the victim established that she had sufficient intelligence and understanding of the difference between truth and falsehood to justify...

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