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People v. Scott

658 N.E.2d 1040, 86 N.Y.2d 864, 635 N.Y.S.2d 167, 1995 N.Y. LEXIS 3562
CourtNew York Court of Appeals
DecidedOctober 26, 1995
StatusPublished
Cited by20 cases

This text of 658 N.E.2d 1040 (People v. Scott) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Scott, 658 N.E.2d 1040, 86 N.Y.2d 864, 635 N.Y.S.2d 167, 1995 N.Y. LEXIS 3562 (N.Y. 1995).

Opinion

*865 OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The Appellate Division’s finding that defendant’s confession was voluntary, a mixed question of law and fact, is supported by evidence in the record and therefore beyond this Court’s further review (see, People v Harrison, 57 NY2d 470, 477; People v Johnson, 40 NY2d 882, 883). The trial court did not abuse its discretion in permitting the four-year-old victim to give unsworn testimony after having conducted an inquiry outside the presence of the jury and determining that the child understood the difference between a truth and a lie and was competent to testify (see, CPL 60.20 [2]; People v Parks, 41 NY2d 36; People v Nisoff, 36 NY2d 560, 566).

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

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Bluebook (online)
658 N.E.2d 1040, 86 N.Y.2d 864, 635 N.Y.S.2d 167, 1995 N.Y. LEXIS 3562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-scott-ny-1995.