People v Ash |
2010 NY Slip Op 01809 [71 AD3d 688] |
March 2, 2010 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Jamel Ash, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ruth E. Ross of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered January 30, 2007, convicting him of rape in the first degree and burglary in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that the admission of People's exhibit Nos. 6 and 7 deprived him of a fair trial (see CPL 470.05 [2]). In any event, insofar as both exhibits summarized information from various DNA reports, they were properly admitted under the voluminous writing exception to the best evidence rule (see Ed Guth Realty v Gingold, 34 NY2d 440 [1974]; Sager Spuck Statewide Supply Co. v Meyer, 298 AD2d 794 [2002]; People v Potter, 255 AD2d 763 [1998]; People v Weinberg, 183 AD2d 932 [1992]). Furthermore, we note that before trial, the defendant was provided with copies of all the DNA reports (see Ed Guth Realty v Gingold, 34 NY2d 440 [1974]; Sager Spuck Statewide Supply Co. v Meyer, 298 AD2d 794 [2002]; People v Potter, 255 AD2d 763 [1998]; People v Weinberg, 183 AD2d 932 [1992]). Prudenti, P.J., Dillon, Eng and Roman, JJ., concur.