69 A.D.3d 873 | N.Y. App. Div. | 2010
Furthermore, the defendant’s Sixth Amendment right to confront his accusers was not violated by the admission of lab reports generated by employees of the Nassau County Medical Examiner’s Office (hereinafter the Medical Examiner’s Office), who recorded the results of DNA tests performed on the defendant’s saliva and items recovered from the burglarized residences. A foundation for the admission of these reports as business records was established through the testimony of a forensic geneticist employed by the Medical Examiner’s Office (see CPLR 4518 [a]; People v Brown, 13 NY3d 332, 341 [2009]; People v Meekins,
The court did not err in denying the defendant’s request to individually question all jury members about whether they could remain impartial after one juror saw the defendant being escorted down a hallway in handcuffs during a recess. The court granted the defendant’s request to discharge the juror who had seen him in handcuffs, and there is no indication in the record that any other juror also might have so viewed him (see People v Malinowski, 152 AD2d 710 [1989]). In any event, the possibility that other jurors may have briefly and inadvertently seen the defendant in handcuffs provides no basis for reversal (see People v Harper, 47 NY2d 857, 858 [1979]; People v Montgomery, 1 AD3d 984 [2003]; People v Fioravantes, 229 AD2d 784, 785-786 [1996]; People v Anderson, 175 AD2d 806 [1991]).
The sentences imposed were not excessive (see People v Suitte, 90 AD2d 80 [1982]; see also People v O’Brien, 52 AD3d 535, 537 [2008]).
The defendant’s remaining contentions are unpreserved for appellate review and, in any event, are without merit. Dillon, J.R, Eng, Belen and Hall, JJ., concur.