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People v. Denison

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 2002
300 A.D.2d 1060 (N.Y. App. Div. 2002)

Opinion

KA 02-01318

December 30, 2002.

Appeal from a judgment of Oneida County Court (Dwyer, J.), entered August 25, 2000, convicting defendant after a jury trial of, inter alia, sexual abuse in the first degree (two counts).

PETER J. DI GIORGIO, JR., UTICA, FOR DEFENDANT-APPELLANT.

MICHAEL A. ARCURI, DISTRICT ATTORNEY, UTICA (CARL J. BOYKIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: GREEN, J.P., WISNER, SCUDDER, KEHOE, AND GORSKI, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is 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 former § 130.65 [3]) and one count of endangering the welfare of a child (§ 260.10 [1]). Defendant failed to preserve for our review his contention that the expert testimony of the victim's examining physician was improperly received in evidence ( see CPL 470.05; People v. Walker, 286 A.D.2d 945, 946, lv denied 98 N.Y.2d 641), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see 470.15 [6] [a]). Defendant also failed to preserve for our review his contention that the prosecutor improperly cross-examined him with regard to his refusal to take a voice stress test ( see 470.05 [2]). Defense counsel not only failed to object to the prosecutor's questions, but also opened the door to those questions during defendant's direct examination ( see People v. Michaud, 248 A.D.2d 823, 824, lv denied 91 N.Y.2d 1010; cf. People v. Uriah, 261 A.D.2d 848), and thus we likewise decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see 470.15 [6] [a]). The sentence is not unduly harsh or severe.


Summaries of

People v. Denison

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 2002
300 A.D.2d 1060 (N.Y. App. Div. 2002)
Case details for

People v. Denison

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. PATRICK DENISON…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 30, 2002

Citations

300 A.D.2d 1060 (N.Y. App. Div. 2002)
751 N.Y.S.2d 913

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