| People v Brown |
| 2012 NY Slip Op 04770 [96 AD3d 869] |
| June 13, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Michael Brown, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu and Steven A. Bender ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Adler,J.), rendered December 10, 2009, convicting him of burglary in the first degree and criminalpossession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that he was deprived of a fair trial when certain hospital recordswere admitted into evidence in order to establish physical injury, an element of burglary in thefirst degree (see Penal Law § 140.30 [2]), is without merit, as the records wereproperly admitted under New York's business records exception to the hearsay rule (seeCPLR 2306 [a]; 4518 [a], [c]; People vDamato, 79 AD3d 1060, 1061 [2010]; People v Verrilli, 69 AD3d 963, 964 [2010]).
The defendant's contention that the use of a letter of certification to authenticate the hospitalrecords deprived him of his Sixth Amendment right to confrontation under Crawford vWashington (541 US 36 [2004]) is unpreserved for appellate review (see CPL 470.05[2]) and, in any event, without merit, since the challenged certificate was not testimonial innature (see generally People vRawlins, 10 NY3d 136 [2008], cert denied sub nom. Meekins v New York, 557US —, 129 S Ct 2856 [2009]).
The defendant was not deprived of the effective assistance of counsel, as defense counselprovided meaningful representation (see People v Benevento, 91 NY2d 708, 712 [1998];People v Baldi, 54 NY2d 137, 147 [1981]). Rivera, J.P., Hall, Lott and Cohen, JJ.,concur.