Opinion
October 19, 1998
Appeal from the Supreme Court, Queens County (Giaccio, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
The court did not err in allowing the seven-year-old complainant to testify under oath. Her responses to the court's preliminary questioning indicated that she had "`some conception'" ( People v. Parks, 41 N.Y.2d 36, 46) of the obligations of an oath and the consequences of giving false testimony, including the fact that she could be punished by God ( see, People v. Nisoff, 36 N.Y.2d 560; People v. Guerrero, 250 A.D.2d 703; Matter of Jason FF., 224 A.D.2d 900; People v. Davila, 223 A.D.2d 722).
The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit.
Rosenblatt, J. P., Copertino, Sullivan and Altman, JJ., concur.