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.