| People v Louder |
| 2010 NY Slip Op 05168 [74 AD3d 1845] |
| June 11, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Frankie L.Louder, III, Appellant. |
—[*1] Richard M. Healy, District Attorney, Lyons (Melvin Bressler of counsel), forrespondent.
Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), renderedFebruary 3, 2009. The judgment convicted defendant, upon a jury verdict, of promoting prisoncontraband in the first 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 ofpromoting prison contraband in the first degree (Penal Law § 205.25 [2]). The evidence,viewed in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621[1983]), is legally sufficient to establish that the cocaine discovered during a search ofdefendant's jail cell constituted dangerous contraband (see People v Machuca, 45 AD3d 1043, 1044 [2007], lv denied10 NY3d 813 [2008]). Defendant failed to preserve for our review his contention that theverdict is repugnant by failing to object to the verdict on that ground before the jury wasdischarged (see People v Alfaro, 66 NY2d 985, 987 [1985]). We decline to exercise ourpower to review that contention as a matter of discretion in the interest of justice (seeCPL 470.15 [6] [a]). Contrary to the further contention of defendant, County Court did not abuseits discretion in limiting his cross-examination of a prosecution witness (see People v Ward, 27 AD3d1119 [2006], lv denied 7 NY3d 819 [2006], lv denied upon reconsideration7 NY3d 871 [2006]). Finally, the sentence is not unduly harsh or severe.Present—Scudder, P.J., Martoche, Sconiers, Green and Gorski, JJ.