People v. Daly
| Decision Date | 23 June 2016 |
| Citation | 140 A.D.3d 593,2016 N.Y. Slip Op. 05048,33 N.Y.S.3d 266 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Erwyn DALY, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
140 A.D.3d 593
33 N.Y.S.3d 266
2016 N.Y. Slip Op. 05048
The PEOPLE of the State of New York, Respondent,
v.
Erwyn DALY, Defendant–Appellant.
Supreme Court, Appellate Division, First Department, New York.
June 23, 2016.
Law Offices of Iannuzzi and Iannuzzi, New York (John N. Iannuzzi of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.
TOM, J.P., FRIEDMAN, RICHTER, KAPNICK, GESMER, JJ.
Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered June 14, 2013, convicting defendant, after a jury trial, of three counts each of robbery in the first and second degrees, and sentencing him to an aggregate term of 17 years, unanimously affirmed.
Defendant's claim that his right of confrontation was violated by the testimony of a DNA expert who prepared reports documenting the match between defendant's DNA and DNA found at the crime scenes, and referred to data gathered by nontestifying analysts, is unpreserved and we decline to review it in the interest of justice. When, at the outset of the analyst's testimony, the court inquired whether there was a Confrontation
Clause issue, defense counsel remained silent, and he did not object to any DNA evidence on constitutional or other grounds, or request that the People call any other analysts. Although counsel cross-examined the witness about the fact that he did not perform all the steps in the DNA analysis, this was for the purpose of undermining the jury's confidence in the DNA evidence, and it did not raise any legal issue for determination by the court (see e.g. People v. Johnson, 117 A.D.3d 637, 639, 987 N.Y.S.2d 312 [1st Dept.2014] ; People v. Rios, 102 A.D.3d 473, 474, 961 N.Y.S.2d 14 [2013], lv. denied 20 N.Y.3d 1103, 965 N.Y.S.2d 799, 988 N.E.2d 537 [2013] ). We decline to decide whether, by way of “independent...
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...the loss of evidence cannot be attributed to the People (see People v. Thompson, 143 A.D.3d 430, 38 N.Y.S.3d 192 ; People v. Daly, 140 A.D.3d 593, 594, 33 N.Y.S.3d 266 ; People v. Austin, 134 A.D.3d 559, 559–560, 23 N.Y.S.3d 17 ; People v. Hester, 122 A.D.3d 880, 880, 996 N.Y.S.2d 353 ). Mo......
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