People v Lewis
2006 NYSlipOp 08265
November 14, 2006
Appellate Division, Second Department
As corrected through Wednesday, January 17, 2007


The People of the State of New York, Respondent,
v
Timothy Lewis, Appellant.

[*1]Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered October 16, 2002, convicting him of rape in the first degree, rape in the second degree, sexual abuse in the first degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's allegations of improper bolstering are unpreserved for appellate review as the defense counsel either failed to make specific and timely objections to the testimony at trial (see CPL 470.05 [2]; People v Wilson, 295 AD2d 545 [2002]) or failed to seek further ameliorative action after certain objections were sustained (see People v Medina, 53 NY2d 951 [1981]; People v Powell, 4 AD3d 489 [2004]; People v Joseph, 298 AD2d 601 [2002]). In any event, any error was harmless in light of the overwhelming evidence of the defendant's guilt (see People v Crimmins, 36 NY2d 230 [1975]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant's remaining contention is without merit. Schmidt, J.P., Santucci, Mastro and Fisher, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.