Opinion
April 23, 1991
Appeal from the Supreme Court, Bronx County (Phylis Bamberger, J.).
Defendant's contention that the trial court abused its discretion in determining that the nine-year-old complainant was competent to give sworn testimony is unpreserved for appellate review (CPL 470.05). In any case, we decline to disturb the trial court's determination where the record of the court's voir dire clearly established that the complainant understood the nature of an oath to tell the truth despite her inability to define the word "oath" (People v. Mercado, 157 A.D.2d 457, lv denied 75 N.Y.2d 922).
Concur — Sullivan, J.P., Rosenberger, Wallach, Asch and Kassal, JJ.