Matter of Dakim J., 2011 NY Slip Op 09534 [90 AD3d 578]

Dcmbr 27, 2011

Appellate Division, First Department

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Tamara A. Steckler, The Legal Aid Society, New York (Marcia Egger of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Julian L. Kalkstein of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Nancy M. Bannon, J.), entered on or about October 1, 2010, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of criminal sexual act in the first degree and sexual abuse in the first degree, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.

The court properly permitted the seven-year-old victim to give sworn testimony. The victim’s voir dire responses established that he sufficiently understood the difference between truth and falsity, the nature of a promise to tell the truth, and the wrongfulness and consequences of lying ( see People v Nisoff , 36 NY2d 560, 565-566 [1975]; People v Cordero , 257 AD2d 372 [1999], lv denied 93 NY2d 968 [1999]).

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence ( see People v Danielson , 9 NY3d 342 , 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. The evidence established the elements of each offense, and we have considered and rejected appellant’s arguments to the contrary. Concur—Mazzarelli, J.P., Friedman, Catterson, Renwick and Freedman, JJ..