Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of two counts of sexual abuse in the first degree (Penal Law § 130.65 [3]) and one count of endangering the welfare of a child (Penal Law § 260.10 [1]). Defendant’s contention that County Court erred in admitting expert testimony is not preserved for our review (see, CPL 470.05 [2]; People v Avellanet, 242 AD2d 865, lv denied 91 NY2d 868; People v Joye, 198 AD2d 21, 22, lv denied 83 NY2d 854). In any event, contrary to defendant’s conten
The court did not abuse its discretion in allowing the seven-year-old complainant to give sworn testimony. The voir dire of the witness showed that she understood and appreciated the nature of the oath (see, CPL 60.20 [2]; People v Nisoff, 36 NY2d 560, 566). The responses of complainant indicated that she “understood the difference between the truth and a lie, the importance of telling the truth, and that [s]he could be punished if [s]he lied in court” (People v Velez, 222 AD2d 625, 626, lv denied 88 NY2d 887; see, People v Morales, 80 NY2d 450, 453).
We reject the contention of defendant that he was denied effective assistance of counsel. Defendant failed to show that defense counsel’s inquiry regarding counseling that complainant received was not part of a valid trial strategy (see, People v Rivera, 71 NY2d 705, 708-709). Based on the record as a whole, we conclude that defense counsel provided meaningful representation (see, People v Flores, 84 NY2d 184, 187; People v Baldi, 54 NY2d 137, 147). Finally, the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Sexual Abuse, 1st Degree.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Hurlbutt, JJ.