Submitted by Bernetta A. Bourcy, for Appellant.
Submitted by Brian David Dennis, for Respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed. The Appellate Division's finding that defendant's confession was voluntary, a mixed question of law and fact, is supported by evidence in the record and therefore beyond this Court's further review (see People v Harrison, 57 NY2d 470, 477; People v Johnson, 40 NY2d 882, 883). The trial court did not abuse its discretion in permitting the four-year-old victim to give unsworn testimony after having conducted an inquiry outside the presence of the jury and determining that the child understood the difference between a truth and a lie and was competent to testify (see CPL § 60.20[2]; People v Parks, 41 NY2d 36; People v Nisoff, 36 NY2d 560, 566).
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On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.