PEOPLE v. BURKE-WELLS

1329 KA 12-00099.

134 A.D.3d 1436 (2015)

21 N.Y.S.3d 777

2015 NY Slip Op 09497

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARIUS R. BURKE-WELLS, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 23, 2015.


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 of burglary in the second degree (Penal Law § 140.25 [2]). Defendant failed to preserve for our review his contention that he was deprived of his right to a fair trial by the testimony of the People's fingerprint analyst on the ground that her testimony "suggest[ed] absolute certainty" and was not presented...

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