| People v Wiley |
| 2008 NY Slip Op 03817 [50 AD3d 1546] |
| April 25, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Kurt Wiley,Appellant. |
—[*1] Frank J. Clark, District Attorney, Buffalo (Michael J. Hillery of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Joseph S. Forma, J.), renderedJanuary 27, 2006. The judgment convicted defendant, upon a jury verdict, of burglary in thesecond degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict ofburglary in the second degree (Penal Law § 140.25 [2]). The evidence, viewed in the lightmost favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), is legallysufficient to support the conviction (see generally People v Bleakley, 69 NY2d 490, 495[1987]). Contrary to defendant's contentions, Supreme Court did not abuse its discretion inallowing the People's expert to testify that defendant's DNA profile was maintained in a DNAdatabase (see People v Meekins, 34AD3d 843, 846 [2006], affd 10 NY3d 136 [2008]), and defendant receivedmeaningful representation (see generally People v Baldi, 54 NY2d 137, 147 [1981]).Defendant failed to preserve for our review his further contentions that the court improperlyexpressed an opinion on the strength of the People's case during its charge (see generally People v Davenport, 38AD3d 1064, 1066 [2007]), and that he was denied a fair trial by prosecutorial misconduct onsummation (see People v Searles,28 AD3d 1205 [2006], lv denied 7 NY3d 817 [2006]). We decline to exercise ourpower to review those contentions as a matter of discretion in the interest of justice (seeCPL 470.15 [6] [a]). Present—Martoche, J.P., Centra, Lunn, Peradotto and Green, JJ.