N.Y. Criminal Procedure Law § 60.20: Rules of evidence; testimonial capacity; evidence given by children

§ 60.20 Rules of evidence; testimonial capacity; evidence given by

children.

1. Any person may be a witness in a criminal proceeding unless the

court finds that, by reason of infancy or mental disease or defect, he

does not possess sufficient intelligence or capacity to justify the

reception of his evidence.

2. Every witness more than nine years old may testify only under oath

unless the court is satisfied that such witness cannot, as a result of

mental disease or defect, understand the nature of an oath. A witness

less than nine years old may not testify under oath unless the court is

satisfied that he or she understands the nature of an oath. If under

either of the above provisions, a witness is deemed to be ineligible to

testify under oath, the witness may nevertheless be permitted to give

unsworn evidence if the court is satisfied that the witness possesses

sufficient intelligence and capacity to justify the reception thereof. A

witness understands the nature of an oath if he or she appreciates the

difference between truth and falsehood, the necessity for telling the

truth, and the fact that a witness who testifies falsely may be

punished.

3. A defendant may not be convicted of an offense solely upon unsworn

evidence given pursuant to subdivision two.