| People v Dasque |
| 2007 NY Slip Op 07454 [44 AD3d 681] |
| October 2, 2007 |
| Appellate Division, Second Department |
| 71—The People of the State of New York,Respondent, v Renee Dasque, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Caferri, and Jennifer Hagan of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman,J.), rendered March 15, 2004, convicting her of murder in the second degree and assault in thesecond degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review her contention that her right to confronta witness was violated by the admission into evidence of a statement made by her half sisterJeanine Dasque to a responding police officer that the defendant had assaulted her (seeCPL 470.05 [2]; Crawford v Washington, 541 US 36 [2004]; People v Cato, 22 AD3d 863[2005]; People v Moreno, 303 AD2d 424 [2003]). Further, the defendant's motion to setaside the verdict pursuant to CPL 330.30, in which she raised essentially the same arguments asshe now raises on appeal, was not sufficient to preserve this contention for appellate review(see People v Davidson, 98 NY2d 738, 739-740 [2002]; People v Padro, 75NY2d 820, 821 [1990]; People vLaGuerre, 29 AD3d 820, 821 [2006]).
In any event, the claim is without merit where the victim's statement was not testimonial(see Davis v Washington, 547 US —, 126 S Ct 2266 [2006]; People v Nieves-Andino, 9 NY3d12 [2007]; People v Bradley, 8NY3d 124 [2006]).[*2]
The defendant's remaining contentions are without meritor do not require reversal. Crane, J.P., Lifson, Carni and Balkin, JJ., concur.