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PEOPLE v. DAVIS

304 A.D.2d 421 (2003)

760 N.Y.S.2d 12

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES DAVIS, Appellant.

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

Decided April 17, 2003.

The court properly determined that a child called as a witness for defendant could only offer unsworn testimony. The inquiries from the court demonstrated that although she knew the difference between the truth and a lie, the child lacked an understanding of the nature and consequences of an oath (People v Nisoff, 36 N.Y.2d 560 [1975]; see also People v Maldonado, 199 A.D.2d 563 [1993])...

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