| People v Bush |
| 2009 NY Slip Op 07066 [66 AD3d 1488] |
| October 2, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Robert E.Bush, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Geoffrey Kaeuper of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (Joseph D. Valentino, J.),rendered February 7, 2006. The judgment convicted defendant, after a nonjury trial, of rape inthe third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him following a nonjury trialof rape in the third degree (Penal Law § 130.25 [2]). Contrary to the contention ofdefendant, his right of confrontation was not violated by the admission in evidence of a certifiedabstract of a registration record of the New York State Department of Motor Vehicles. The"various indicia of testimoniality" are not present in the registration record (People v Rawlins, 10 NY3d 136,151 [2008]). Rather, the registration record contains only objective facts, its contents are notdirectly accusatory, and it does not reflect "the exercise of 'fallible human judgment' " (People v Freycinet, 11 NY3d 38,41 [2008]). Similarly, the accompanying affidavit refers only to the authenticity of theregistration record and its use in the regular course of business, and it contains no statementconcerning the role of the registration record in the case against defendant (cf. People v Pacer, 6 NY3d 504,510-512 [2006]). Present—Smith, J.P., Fahey, Carni, Pine and Gorski, JJ.