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PEOPLE v. PAUL

48 A.D.3d 833 (2008)

851 N.Y.S.2d 363

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KIM PAUL, Appellant.

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

Decided February 26, 2008.

Ordered that the judgment is affirmed.

There is no basis to disturb the determination of the Supreme Court, made after an inquiry into the five-year-old complainant's testimonial capacity, that the child possessed sufficient intelligence and capacity to justify the receipt of her unsworn testimony (see CPL 60.20 [2]; People v Scott, 86 N.Y.2d 864, 865 [1995]; People v...

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