60.20 – 60.20 | New York Law

NY CPL § 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