People v. Green
| Decision Date | 13 March 1992 |
| Citation | 582 N.Y.S.2d 583,181 A.D.2d 1041 |
| Parties | PEOPLE of the State of New York, Respondent, v. Douglas D. GREEN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Christine Cook, Geneva, for appellant.
R. Michael Tantillo by Kathleen Pohl, Canandaigua, for respondent.
Before DENMAN, P.J., and GREEN, PINE, LAWTON and DOERR, JJ.
Defendant contends that the trial court erred in permitting the 11-year-old complainant to be sworn as a witness. Because the preliminary examination of complainant showed that she knew and appreciated the difference between truth and falsehood, knew that it was wrong to tell a lie, and would tell the truth at trial, we find no abuse of discretion in the trial court's determination that she was qualified to be sworn as a witness (see, CPL 60.20; People v. Nisoff, 36 N.Y.2d 560, 566, 369 N.Y.S.2d 686, 330 N.E.2d 638; People v. Fernandez, 138 A.D.2d 733, 734, 526 N.Y.S.2d 547). Defendant further contends that the trial court erred in denying his motion to suppress his statement to the police. We disagree. The record establishes that, although defendant was of limited intelligence, the interrogating officer carefully explained the meaning of the Miranda warnings, and that defendant understood them and knowingly, voluntarily and intelligently waived them (see, People v. Williams, 62 N.Y.2d 285, 287, 476 N.Y.S.2d 788, 465 N.E.2d 327).
We have reviewed defendant's remaining contention and find it to be without merit.
Judgment unanimously affirmed.
To continue reading
Request your trial
-
People v. Green
...of telling a lie (see, CPL 60.20[2]; People v. Nisoff, 36 N.Y.2d 560, 566, 369 N.Y.S.2d 686, 330 N.E.2d 638; People v. Green [Douglas], 181 A.D.2d 1041, 582 N.Y.S.2d 583 [decided herewith]; People v. Schultz, 168 A.D.2d 468, 562 N.Y.S.2d 587). In any event, even if the victim was not proper......
-
People v. Howard
...A.D.2d 1051, 1052, 486 N.Y.S.2d 108; see also, People v. Nisoff, 36 N.Y.2d 560, 566, 369 N.Y.S.2d 686, 330 N.E.2d 638; People v. Green, 181 A.D.2d 1041, 582 N.Y.S.2d 583, lv. denied 79 N.Y.2d 1049, 584 N.Y.S.2d 1017, 596 N.E.2d 415; People v. Ranum, 122 A.D.2d 959, 960-961, 506 N.Y.S.2d 105......
-
People v. Feldt
...wrong to tell a lie, and knew the consequences of telling a lie (see, People v. Parks, supra; People v. Nisoff, supra; People v. Green, 181 A.D.2d 1041, 582 N.Y.S.2d 583, lv. denied, 79 N.Y.2d 1049, 584 N.Y.S.2d 1017, 596 N.E.2d Order unanimously reversed on the law, indictment reinstated a......
- Dibble v. Consolidated Rail Corp.