Monroe County Attorney, Petitioner-Respondent.  (Appeal No. 1.) v. << (2005)

 In each appeal, respondent appeals from an order of disposition that adjudicated him a juvenile delinquent based on the respective findings that he had committed acts that, if committed by an adult, would constitute the crimes of sexual abuse in the second degree (Penal Law § 130.60[2] ) (appeal No. 1) and sexual abuse in the first degree (§ 130.65 [3] ) (appeal No. 2).   Contrary to respondent's contention, Family Court did not abuse its discretion in allowing the seven-year-old complainant in appeal No. 2 to give sworn testimony.   The responses of that complainant during voir dire indicated that she knew the difference between telling the truth and telling a lie, the importance of telling the truth and that she could be punished for telling a lie (see People v. Velez, 222 A.D.2d 625, 626, 635 N.Y.S.2d 665, lv. denied 88 N.Y.2d 887, 645 N.Y.S.2d 462, 668 N.E.2d 433;  Matter of David PP., 211 A.D.2d 995, 996, 621 N.Y.S.2d 742;  see generally People v. Nisoff, 36 N.Y.2d 560, 565-566, 369 N.Y.S.2d 686, 330 N.E.2d 638;  Matter of Jordan E., 305 A.D.2d 778, 779, 759 N.Y.S.2d 807).   Contrary to respondent's further contention, corroboration of the testimony of the complainant in appeal No. 2 was not required inasmuch as she was properly sworn (see People v. McLoud, 291 A.D.2d 867, 737 N.Y.S.2d 216, lv. denied 98 N.Y.2d 678, 746 N.Y.S.2d 467, 774 N.E.2d 232;  People v. Garcia, 194 A.D.2d 554, 555, 598 N.Y.S.2d 572, lv. denied 82 N.Y.2d 718, 602 N.Y.S.2d 815, 622 N.E.2d 316;  see also Jordan E., 305 A.D.2d at 779, 759 N.Y.S.2d 807;  Matter of Henry M., 194 A.D.2d 606, 599 N.Y.S.2d 291).

 We reject respondent's final contention that the court's findings are against the weight of the evidence.  “Although different findings would not have been unreasonable, we conclude that the court did not fail to give the evidence the weight it should be accorded ․, and we decline to disturb the court's credibility determination” (Matter of Timothy S., 1 A.D.3d 908, 909, 767 N.Y.S.2d 190;  see Matter of Kara D., 306 A.D.2d 918, 919, 762 N.Y.S.2d 315;  see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: