People v. VelezPeople v. Velez
Paul Skip Laisure, New York, NY (Yvonne Shivers of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Jonathan K. Yi of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Barry A. Schwartz, J.), rendered September 16, 2014, convicting him of
ORDERED that the judgment is affirmed.
Contrary to the defendant‘s contention, the Supreme Court providently exercised its discretion in denying his discovery request pursuant to
The defendant‘s contention that the testimony of an analyst from the Office of the Chief Medical Examiner violated his Sixth Amendment right to confrontation is without merit. The analyst testified that she independently established that the odds of finding the DNA profile generated from blood found at the crime scene, which matched the DNA profile generated from a swab taken from the defendant, in the general population would be “one in greater than 6.8 trillion” (see People v John, 27 NY3d 294, 315; People v Evans, 157 AD3d 716, 717). Thus, the analyst did not act “as a conduit for the conclusions of others,” and the defendant‘s right to confront the witnesses against him was not violated (People v John, 27 NY3d at 315; see People v Evans, 157 AD3d at 717).
The defendant‘s contention that he was deprived of a fair trial by improper remarks made by the prosecutor during his summation is unpreserved for appellate review (see
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
LEVENTHAL, J.P., MILLER, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court