| People v Staples |
| 2009 NY Slip Op 03319 [61 AD3d 1418] |
| April 24, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Donald C.Staples, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Geoffrey A. Kaeuper of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Alex R. Renzi, J.), renderedSeptember 14, 2005. The judgment convicted defendant, upon a jury verdict, of criminal sexualact in the first degree, rape in the first degree, sexual abuse in the first degree (two counts) andendangering the welfare of a child.
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 of,inter alia, criminal sexual act in the first degree (Penal Law § 130.50 [3]) and rape in thefirst degree (§ 130.35 [3]). We reject the contention of defendant that the testimony of thePeople's expert concerning the initial failure of the victim to identify defendant as the perpetratorand her hesitancy to disclose the abuse constituted improper bolstering (see People vDonk, 259 AD2d 1018 [1999], lv denied 93 NY2d 924 [1999]; People vDeLong, 206 AD2d 914, 915 [1994]). The expert's testimony was properly "admitted toexplain behavior of a victim that might appear unusual or that jurors may not be expected tounderstand" (People v Carroll, 95 NY2d 375, 387 [2000]). We reject the furthercontention of defendant that his right of confrontation was violated when County Court alloweda pediatrician and a physician's assistant to testify concerning the results of medical testsperformed in hospital laboratories inasmuch as those results were not "testimonial" (People v Freycinet, 11 NY3d 38,41 [2008]; see generally People vRawlins, 10 NY3d 136, 158-160 [2008]). Finally, viewing the evidence in the lightmost favorable to the People, as we must (see People v Contes, 60 NY2d 620, 621[1983]), we conclude that the evidence is legally sufficient to support the conviction (seegenerally People v Bleakley, 69 NY2d 490, 495 [1987]). Present—Hurlbutt, J.P.,Centra, Peradotto, Green and Gorski, JJ.