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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1998
250 A.D.2d 629 (N.Y. App. Div. 1998)

Opinion

May 4, 1998

Appeal from the Supreme Court, Kings County (Greenberg, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court did not improvidently exercise its discretion in allowing the 15-year-old, mentally-retarded complainant to testify under oath. The court's preliminary examination of the complainant adequately demonstrated that she understood the nature of testifying under oath and was competent to be sworn as a witness (see, CPL 60.20; People v. Parks, 41 N.Y.2d 36; People v. Johnston, 186 A.D.2d 822).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Thompson, J.P., Santucci, Friedmann and Florio, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1998
250 A.D.2d 629 (N.Y. App. Div. 1998)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL SMITH…

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

Date published: May 4, 1998

Citations

250 A.D.2d 629 (N.Y. App. Div. 1998)
672 N.Y.S.2d 751