People v. Davis

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2015-04-22
Citations: 127 A.D.3d 1104, 5 N.Y.S.3d 890
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Combined 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 NY 471 [1953]) is without merit (see People v Brown, 120 AD3d 710 [2014]; People v Santiago, 265 AD2d 351, 352 [1999]).

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 NY2d 985, 987 [1985]; People v Boley, 116 AD3d 965, 966 [2014]; People v Jackson, 101 AD3d 1153 [2012]; People v Shamsiddeen, 98 AD3d 694 [2012]). In any event, this contention is without merit (see People v Dorvilier, 122 AD3d 642 [2014]).

Eng, P.J., Dillon, Chambers and Barros, JJ., concur.