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PEOPLE v. DIAZ

254 A.D.2d 233 (1998)

681 N.Y.S.2d 234

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

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

October 29, 1998

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's determination, crediting the testimony of the ten-year-old complainant while rejecting the testimony of defendant.

The court had ample basis to conclude that the complainant understood the nature of an oath (CPL 60.20 [2]) and was competent to give sworn testimony (People v Morales...

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