Opinion
2002-03674
Argued June 17, 2003.
August 4, 2003.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered April 19, 2002, convicting him of sexual abuse in the first degree, upon a jury verdict, and imposing sentence.
Brief Justice Carmen Kesselman Kleiman, LLP, New York, N.Y. (Matthew J. Brief, Wayne S. Cook, Jr., and Adria De Landri of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., SANDRA L. TOWNES, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).
With respect to the claim that the trial court erroneously admitted evidence of the defendant's prior bad acts, the defendant either did not object to the alleged errors at trial and, consequently, did not preserve the claim for appellate review (see CPL 470.05), or opened the door to the alleged errors by interjecting the uncharged crimes during his direct examination ( see People v. Watts, 154 A.D.2d 723; People v. Gibbs, 286 A.D.2d 865; People v. Ayala, 165 A.D.2d 878).
The defendant's remaining contentions are either without merit or do not require reversal.
PRUDENTI, P.J., TOWNES, MASTRO and RIVERA, JJ., concur.