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People v. Green

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1992
181 A.D.2d 1060 (N.Y. App. Div. 1992)

Opinion

March 13, 1992

Appeal from the Oneida County Court, Buckley, J.

Present — Green, J.P., Pine, Balio, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant was convicted of first degree sodomy and endangering the welfare of a child. The victim, a relative of the defendant, was six years old when the crimes occurred. Defendant argues that the court erred in allowing the young complainant to testify under oath; that the court erred in receiving into evidence a technician's laboratory report and a doctor's emergency room report; and that his sentence is harsh and excessive. The court properly found, after a preliminary examination, that the complainant knew and appreciated the difference between truth and falsity and knew the consequences of telling a lie (see, CPL 60.20; People v Nisoff, 36 N.Y.2d 560, 566; People v Green, 181 A.D.2d 1041 [decided herewith]; People v Schultz, 168 A.D.2d 468). In any event, even if the victim was not properly sworn, her testimony was sufficiently corroborated by other family members and by medical evidence (see, People v Groff, 71 N.Y.2d 101, 109-111). The reports were properly admitted and, in any event, any error would be harmless given the overwhelming evidence of defendant's guilt (see, People v Johnson, 57 N.Y.2d 969, 970-971; People v Riggsbee, 159 A.D.2d 1018, lv denied 76 N.Y.2d 795). There is nothing in the record to warrant modification of defendant's sentence.


Summaries of

People v. Green

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1992
181 A.D.2d 1060 (N.Y. App. Div. 1992)
Case details for

People v. Green

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE GREEN, Appellant

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

Date published: Mar 13, 1992

Citations

181 A.D.2d 1060 (N.Y. App. Div. 1992)
582 N.Y.S.2d 320

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