People v. Davis

127 A.D.3d 1104, 5 N.Y.S.3d 890
Procedural entryThis page is a short order in People v. Davis. Read the opinion of the Court — 99 A.D.3d 1228
Appellate Division of the Supreme Court of the State of New York·Decided April 22, 2015·No. 2013-05479·Published

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.

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People v. Davis, 127 A.D.3d 1104, 5 N.Y.S.3d 890 (N.Y. Ct. App. 2015).

127 A.D.3d 1104 (People v. Davis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Brown
120 A.D.3d 710 (Appellate Division of the Supreme Court of New York, 2014)
People v. Dorvilier
122 A.D.3d 642 (Appellate Division of the Supreme Court of New York, 2014)
People v. Trowbridge
113 N.E.2d 841 (New York Court of Appeals, 1953)
People v. Alfaro
489 N.E.2d 1280 (New York Court of Appeals, 1985)
People v. Shamsiddeen
98 A.D.3d 694 (Appellate Division of the Supreme Court of New York, 2012)
People v. Jackson
101 A.D.3d 1153 (Appellate Division of the Supreme Court of New York, 2012)
People v. Boley
116 A.D.3d 965 (Appellate Division of the Supreme Court of New York, 2014)
People v. Santiago
265 A.D.2d 351 (Appellate Division of the Supreme Court of New York, 1999)