PEOPLE v. TAYLOR (1997)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Warren TAYLOR, Defendant-Appellant.

Decided: November 06, 1997

Before MURPHY, P.J., and ROSENBERGER, ELLERIN, RUBIN and TOM, JJ.

Jennifer Correale, for respondent. Kim L. Jackson, for defendant-appellant.

Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered September 11, 1996, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 8 1/3 to 25 years, unanimously affirmed.

After conducting a thorough examination of the child eyewitness, the court properly concluded that she knew the difference between a lie and the truth, understood the meaning of an oath and what could happen if she told a lie, and had the ability to recall and relate prior events (People v. Parks, 41 N.Y.2d 36, 46, 390 N.Y.S.2d 848, 359 N.E.2d 358). Thus, she was properly permitted to offer sworn testimony.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Questions of credibility were properly presented to the jury, and we see no reason to disturb the verdict. Ample evidence of guilt was provided by the child witness and other witnesses.

Defendant's remaining arguments are unpreserved and without merit.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network