| People v Henry |
| 2010 NY Slip Op 02812 [71 AD3d 1159] |
| March 30, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v AlexHenry, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus ofcounsel; Rose L. Amandola on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Sullivan, J.),rendered February 15, 2008, convicting him of robbery in the first degree, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
There is no merit to the defendant's contention that the introduction into evidence of certaintestimony, as well as questioning and summation comments by the prosecutor, improperlysuggested to the jury that he had a prior criminal history. The testimony and summationcomments that the fingerprints recovered from the scene matched those of the defendant storedwith an "NYSID" number in a state computer database, which was not specifically identified aspolice-related, did not compel the inference that the defendant had a past criminal history(see People v Garcia, 294 AD2d 515 [2002]; People v Myers, 220 AD2d 272[1995]). The Supreme Court carefully monitored the introduction of the background material tocomplete the narrative and did not permit the prosecutor to elicit testimony concerning how thefingerprint database is compiled (see People v Sayers, 64 AD3d 728, 732 [2009];People v Johnson, 45 AD3d 606 [2007]). The prosecutor adhered to the court'sinstructions and did not suggest that the defendant had a prior criminal history either wheneliciting the testimony regarding the defendant's fingerprints or in his summation (see Peoplev Garcia, 294 AD2d at 515). Rivera, J.P., Florio, Miller and Eng, JJ., concur.