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PEOPLE v. BATISTA

2011-02042.

92 A.D.3d 793 (2012)

938 N.Y.S.2d 470

2012 NY Slip Op 1263

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILMER BATISTA, Appellant.

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

Decided February 14, 2012.

Ordered that the judgment is affirmed.

The defendant's contention that the Supreme Court improperly permitted the seven-year-old complainant to give sworn testimony is unpreserved for appellate review (see CPL 470.05 [2]; People v Gillard, 7 A.D.3d 540, 541 [2004]). In any event, the Supreme Court providently exercised its discretion in determining that the child was competent to give sworn testimony (see CPL...

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