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People v. Schultz

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1989
149 A.D.2d 919 (N.Y. App. Div. 1989)

Opinion

April 14, 1989

Appeal from the Erie County Court, Wolfgang, J.

Present — Doerr, J.P., Boomer, Green, Pine and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court abused its discretion in allowing the complainant to testify without inquiring into his capacity. No objection was raised by defendant with respect to capacity, and the issue is unpreserved (CPL 470.05). Were the issue properly before us, we would find no abuse of discretion (see, People v. Rensing, 14 N.Y.2d 210, 213). The Trial Judge inquired into the witness's understanding of the proceedings, and she was satisfied that he had the capacity to testify. The record supports her conclusion. We have examined defendant's other contention, and we find it to be without merit.


Summaries of

People v. Schultz

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1989
149 A.D.2d 919 (N.Y. App. Div. 1989)
Case details for

People v. Schultz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEXTER SCHULTZ…

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

Date published: Apr 14, 1989

Citations

149 A.D.2d 919 (N.Y. App. Div. 1989)
540 N.Y.S.2d 51

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