Opinion
February 23, 1998
Appeal from the Supreme Court, Kings County (McKay, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the 10-year-old witness was able to appreciate the difference between the truth and a lie, and acknowledged her obligation to testify truthfully ( see, People v. Morales, 80 N.Y.2d 450; People v. Nisoff, 36 N.Y.2d 560). Moreover, she indicated that she believes in God and that punishment from both God and the court is a consequence for lying, and she agreed to tell the truth while under oath ( see, People v. Davila, 223 A.D.2d 722; People v. Velez, 212 A.D.2d 819; People v. McDaniel, 165 A.D.2d 817, 818). Therefore, under the circumstances of this case, the trial court did not improvidently exercise its discretion by permitting the infant witness to give sworn testimony.
Rosenblatt, J.P., Miller, Ritter and Copertino, JJ., concur.