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PEOPLE v. ROBRIGADO

Appellate Division of the Supreme Court of New York, Second Department.
Oct 19, 1998
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Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).

The court did not err in allowing the seven-year-old complainant to testify under oath. Her responses to the court's preliminary questioning indicated that she had "`some conception'" ( People v. Parks, 41 N.Y.2d 36, 46) of the obligations of an oath and the consequences of giving false testimony, including the fact that she could be punished by God ( see, People v. Nisoff, 36 N.Y.2d 560; People v. Guerrero, 250 A.D.2d 703; Matter of Jason FF., 224 A.D.2d 900; People v. Davila, 223 A.D.2d 722).

The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit.

Rosenblatt, J. P., Copertino, Sullivan and Altman, JJ., concur.