Opinion
1700
October 2, 2003.
Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about January 7, 2002, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed acts which, if committed by an adult, would constitute attempted sodomy in the first degree and sexual abuse in the first degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.
Raymond E. Rogers, for Michael W.
Alan Beckoff, for Presentment Agency.
Before: Nardelli, J.P., Mazzarelli, Andrias, Saxe, Williams, JJ.
The court properly exercised its discretion in permitting the 10-year-old victim to give sworn testimony, since her voir dire responses established that she was sufficiently intelligent, and that she understood the difference between truth and falsity along with the consequences of giving false testimony ( see People v. Cordero, 257 A.D.2d 372, lv denied 93 N.Y.2d 968; People v. Shavers, 205 A.D.2d 395, lv denied 84 N.Y.2d 839; People v. Mercado, 157 A.D.2d 457, lv denied 75 N.Y.2d 922).
The court's finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490). There is no basis for disturbing the court's determinations concerning credibility.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.