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PEOPLE v. DAVILA

223 A.D.2d 722 (1996)

637 N.Y.S.2d 200

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

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

January 29, 1996

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court properly found that one of the complainants, who was 11 years old at the time of trial, could be sworn as a witness. The voir dire revealed that he was aware of a moral duty to tell the truth and that God would punish him if he lied (see, People v Velez, 212 A.D.2d 819; People v Charlton, 192 A.D.2d 757...

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