Opinion
August 17, 1998
Appeal from the County Court, Dutchess County (Dolan, J.).
The defendant's claim that the trial court erred in permitting the child victim to give unsworn testimony is unpreserved for appellate review ( see, People v. Allen, 172 A.D.2d 542, 544). In any event, the court did not improvidently exercise its discretion in admitting the unsworn testimony since the record supports the conclusion that although the witness could not understand the meaning of the oath due to his mental condition, he knew the difference between truth and falsehood ( see, People v. Bohn, 155 A.D.2d 679).
Moreover, the unsworn testimony of the child victim was sufficiently corroborated by the expert testimony of the physician who examined the victim after the incident and the DNA analysis which linked the defendant to the crime ( see, People v. Groff 71 N.Y.2d 101).
The sentence was neither harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or do not warrant reversal.
Ritter, J.P., Santucci, Joy and Florio, JJ., concur.