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People v. Hardie

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1988
144 A.D.2d 484 (N.Y. App. Div. 1988)

Opinion

November 14, 1988

Appeal from the County Court, Westchester County (Lange, J.).


Ordered that the judgment is affirmed.

We find that the trial court's preliminary examination of the eight-year-old victim adequately demonstrated that she understood the nature of testifying under oath and was competent to be sworn as a witness (CPL 60.20; see, People v. Nisoff, 36 N.Y.2d 560; People v. Boyd, 122 A.D.2d 273, 275). When asked what it "means to tell a lie", she explained that lying occurs when "you did something and say you didn't do it". In addition, she was able to distinguish right from wrong and understood that she would be "punished" for giving false testimony under oath (cf., People v Smith, 104 A.D.2d 160). She also agreed to tell the truth after swearing on a Bible. Since the witness indicated that she had religious training, attended church every Sunday, and had "learned what it means to tell a lie", she was cognizant of a moral duty to tell the truth and accepted the concept of divine retribution as a consequence of lying. Under the circumstances, we find unpersuasive the defendant's contention that the court was required to determine whether the witness was aware that criminal sanctions could be imposed for testifying falsely (cf., People v. Ranum, 122 A.D.2d 959).

We have considered the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Bracken, Brown and Sullivan, JJ., concur.


Summaries of

People v. Hardie

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1988
144 A.D.2d 484 (N.Y. App. Div. 1988)
Case details for

People v. Hardie

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN HARDIE, Appellant

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

Date published: Nov 14, 1988

Citations

144 A.D.2d 484 (N.Y. App. Div. 1988)

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