PEOPLE v. ROBRIGADO (1998)

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered March 11, 1998, convicting him of sexual abuse in the first degree and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.   Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15[5] ).

The court did not err in allowing the seven-year-old complainant to testify under oath.   Her responses to the court's preliminary questioning indicated that she had “some conception” (People v. Parks, 41 N.Y.2d 36, 46, 390 N.Y.S.2d 848, 359 N.E.2d 358) of the obligations of an oath and the consequences of giving false testimony, including the fact that she could be punished by God (see, People v. Nisoff, 36 N.Y.2d 560, 369 N.Y.S.2d 686, 330 N.E.2d 638;  People v. Guerrero, 250 A.D.2d 703, 672 N.Y.S.2d 763;  Matter of Jason FF, 224 A.D.2d 900, 638 N.Y.S.2d 226;  People v. Davila, 223 A.D.2d 722, 637 N.Y.S.2d 200).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit.

MEMORANDUM BY THE COURT.