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People v. McGrady, 45 A.D.3d 1395, 844 N.Y.S.2d 796 (2007)


MEMORANDUM:


Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1] ). ... Also contrary to the contention of defendant, the court properly refused to allow his five-year-old sister to testify on his behalf in view of the ambiguities in her statements concerning her understanding of the difference between the truth and a lie. “ ‘The resolution of the issue of witness competency is exclusively the responsibility of the trial court, subject to limited appellate review,’ and should not be disturbed absent a clear abuse of discretion” ( People v. Rising, 289 A.D.2d 1069, 1070, 735 N.Y.S.2d 680, lv. Denied 97 N.Y.2d 732, 740 N.Y.S.2d 706, 767 N.E.2d 163, quoting People v. Parks, 41 N.Y.2d 36, 46, 390 N.Y.S.2d 848, 359 N.E.2d 358). Here, there was no clear abuse of discretion. ...