After a Wayne County Court jury convicted R. Merrill of sexual abuse in the first degree (two counts) and endangering the welfare of a child, Merrill argued on appeal to the Appellate Division, Fourth Department, that the 10-year-old victim shouldn't have been allowed to testify.
Under New York State law, any witness over nine years of age is presumed competent to testify, unless the individual is unable to appreciate the "nature of the oath."
Absent evidence that the kid didn't appreciate the importance of telling the truth, and since the outcome was supported by the "weight of the evidence," the AD4 allowed the conviction (and sentence) to stand.
And that's the truth .
To view a copy of the Appellate Division's decision, please use: People v. Merrill