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PEOPLE v. SPILLETT

294 A.D.2d 605 (2002)

743 N.Y.S.2d 277

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES SPILLETT, Appellant.

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

Decided May 28, 2002.

Ordered that the judgment is affirmed.

The defendant's contention that the trial court improperly allowed the 10-year-old complainant to give sworn testimony is unpreserved for appellate review, as he failed to raise the issue in the trial court (see CPL 470.05 [2]; People v Ashman, 292 A.D.2d 458; People v McCall, 277 A.D.2d 467). In any event, the

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