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People v. Wiley

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 2008
50 A.D.3d 1546 (N.Y. App. Div. 2008)

Opinion

No. KA 06-00693.

April 25, 2008.

Appeal from a judgment of the Supreme Court, Erie County (Joseph S. Forma, J.), rendered January 27, 2006. The judgment convicted defendant, upon a jury verdict, of burglary in the second degree.

THOMAS THEOPHILOS, BUFFALO, FOR DEFENDANT-APPELLANT.

FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.

Present: Martoche, J.P., Centra, Lunn, Peradotto and Green, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of burglary in the second degree (Penal Law § 140.25). The evidence, viewed in the light most favorable to the People ( see People v Contes, 60 NY2d 620, 621), is legally sufficient to support the conviction ( see generally People v Bleakley, 69 NY2d 490, 495). Contrary to defendant's contentions, Supreme Court did not abuse its discretion in allowing the People's expert to testify that defendant's DNA profile was maintained in a DNA database ( see People v Meekins, 34 AD3d 843, 846, affd 10 NY3d 136), and defendant received meaningful representation ( see generally People v Baldi, 54 NY2d 137, 147). Defendant failed to preserve for our review his further contentions that the court improperly expressed an opinion on the strength of the People's case during its charge ( see generally People v Davenport, 38 AD3d 1064, 1066), and that he was denied a fair trial by prosecutorial misconduct on summation ( see People v Searles, 28 AD3d 1205, lv denied 7 NY3d 817). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice ( see CPL 470.15 [a]).


Summaries of

People v. Wiley

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 2008
50 A.D.3d 1546 (N.Y. App. Div. 2008)
Case details for

People v. Wiley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KURT WILEY, Appellant

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

Date published: Apr 25, 2008

Citations

50 A.D.3d 1546 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 3817
855 N.Y.S.2d 794

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