Opinion
2015–06118 Ind. No. 7377/12
07-08-2020
The PEOPLE, etc., Respondent, v. Jeffrey LIGGINS, Appellant.
Paul Skip Laisure, New York, N.Y. (Joshua M. Levine of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Sullivan & Cromwell LLP [David Salter ], of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Joshua M. Levine of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Sullivan & Cromwell LLP [David Salter ], of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., LEONARD B. AUSTIN, SYLVIA O. HINDS–RADIX, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (William M. Harrington, J.), rendered July 2, 2015, as amended July 13, 2015, convicting him of criminal sexual act in the second degree (two counts) and sexual abuse in the second degree (four counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment, as amended, is affirmed.
The defendant's contention that the admission of certain DNA evidence at trial violated his rights under the Confrontation Clause of the Sixth Amendment of the United States Constitution (see People v. John, 27 N.Y.3d 294, 33 N.Y.S.3d 88, 52 N.E.3d 1114 ) is unpreserved for appellate review, and we decline to review this issue in the exercise of our interest of justice jurisdiction (see People v. Degracia, 173 A.D.3d 1199, 1200, 101 N.Y.S.3d 628 ; People v. Davis, 171 A.D.3d 1209, 1209, 96 N.Y.S.3d 886 ). The defendant's contention that his counsel was ineffective for failing to preserve the Confrontation Clause issue is without merit (see People v. Benevento, 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584 ; People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400 ). The Confrontation Clause issue was not " ‘so clear-cut and dispositive that no reasonable defense counsel would have failed to assert it’ " ( People v. Rodriguez, 31 N.Y.3d 1067, 1068, 77 N.Y.S.3d 336, 101 N.E.3d 977, quoting People v. McGee, 20 N.Y.3d 513, 518, 964 N.Y.S.2d 73, 986 N.E.2d 907 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
SCHEINKMAN, P.J., AUSTIN, HINDS–RADIX and WOOTEN, JJ., concur.