Opinion
04-22-2015
The PEOPLE, etc., respondent, v. Daniel DAVIS, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Louise E. Mazzola of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Louise E. Mazzola of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Cohen, J.), rendered April 22, 2013, convicting him of burglary in the third degree and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the testimony of a police officer impermissibly bolstered the complainant's testimony (see People v. Trowbridge, 305 N.Y. 471, 113 N.E.2d 841 ) is without merit (see People v. Brown, 120 A.D.3d 710, 990 N.Y.S.2d 872 ; People v. Santiago, 265 A.D.2d 351, 352, 696 N.Y.S.2d 472 ).
The defendant's contention that the verdict was repugnant is unpreserved for appellate review, as he failed to raise this issue before the jury was discharged (see People v. Alfaro, 66 N.Y.2d 985, 987, 499 N.Y.S.2d 378, 489 N.E.2d 1280 ; People v. Boley, 116 A.D.3d 965, 966, 983 N.Y.S.2d 830 ; People
v. Jackson, 101 A.D.3d 1153, 956 N.Y.S.2d 508 ; People v. Shamsiddeen, 98 A.D.3d 694, 949 N.Y.S.2d 783 ). In any event, this contention is without merit (see People v. Dorvilier, 122 A.D.3d 642, 996 N.Y.S.2d 111 ).
ENG, P.J., DILLON, CHAMBERS and BARROS, JJ., concur.