Ordered that the order is affirmed insofar as appealed from.
Pursuant to CPL 60.20 (2), there is a rebuttable presumption that a witness who is less than nine years old is not competent to testify under oath. That presumption may be overcome by a showing that the infant witness not only possesses sufficient intelligence and capacity to give testimony (see CPL 60.20 [1]), but also, that he or she knows, understands, and appreciates the nature of an oath so as...
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