PEOPLE v. MEDINA


246 A.D.2d 308 (1998)

666 N.Y.S.2d 415

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

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

January 6, 1998


The court's ruling allowing testimony of the victim's daughter, who was eight years old at the time of trial, was a proper exercise of discretion, since the record of the voir dire reflects that the child had the requisite intelligence and capacity to testify at trial and understood the nature and consequence of the oath (see, People v Parks, 41 N.Y.2d 36, 50). The court's Sandoval ruling was a proper exercise of discretion...

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