Opinion
March 7, 1996
Appeal from the Supreme Court, Bronx County (Frank Diaz, J.).
Defendant concedes that the evidence was sufficient to support the verdict but contends that the verdict was against the weight of the evidence. However, an independent review of the facts belies his contention ( People v Bleakley, 69 N.Y.2d 490). Although defendant challenges the veracity of the complainant's testimony, issues of credibility, as well as the weight to be accorded to the evidence presented, were for the jury to determine and its determination is to be accorded great weight on appeal ( People v Siu Wah Tse, 91 A.D.2d 350, lv denied 59 N.Y.2d 679).
The trial court properly exercised its discretion in swearing the 10 year old brother of the complainant as a witness (CPL 60.20) since the court, which was in the best position to determine the child's capabilities as a witness ( People v Parks, 41 N.Y.2d 36, 46), determined that he was sufficiently aware of the nature and obligations of telling the truth and of recalling and relating prior events ( People v Morales, 80 N.Y.2d 450). That the child did not know the meaning of the word "oath" and that the court did not inform him that he could face criminal sanctions for lying does not warrant a contrary result ( People v Mercado, 157 A.D.2d 457, lv denied 75 N.Y.2d 922; People v McDaniel, 165 A.D.2d 817, lv denied 76 N.Y.2d 1023). "[T]he law does not require that children define abstract concepts with the sophistication of an adult." ( People v Mercado, supra, at 457.)
We also find that the motion to vacate judgment was properly denied.
Concur — Milonas, J.P., Kupferman, Nardelli and Mazzarelli, JJ.