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PEOPLE v. MASCORRO

283 A.D.2d 592 (2001)

727 N.Y.S.2d 446

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR MASCORRO, Appellant.

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

Decided May 21, 2001.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court properly excluded him from the hearing pursuant to CPL 60.20 to determine the testimonial capacity of his nine-year-old daughter, whom he was accused of raping and sexually abusing (see, People v Morales, 80 N.Y.2d 450). A hearing to determine testimonial capacity does not address factual matters about which the defendant has a unique...

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