SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 23, 2011
THE PEOPLE OF THE STATE OF NEW YORK,
Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered November 9, 2007.
People v Edwards
Decided on December 23, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: SCUDDER, P.J., CENTRA, GREEN, GORSKI, AND MARTOCHE, JJ.
The judgment convicted defendant, upon a jury verdict, of sexual abuse in the first degree and endangering the welfare of a child.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Defendant appeals from a judgment convicting him upon a jury verdict of sexual abuse in the first degree (Penal Law § 130.65 ) and endangering the welfare of a child (§ 260.10 ). Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349), we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495). Defendant's objection to the testimony of the victim's half-sister on the ground that it was speculative and irrelevant did not preserve for our review his present contentions that such testimony improperly bolstered the victim's credibility (see People v Valentine, 48 AD3d 1268, 1268-1269, lv denied 10 NY3d 871), and exceeded the scope of the prompt outcry exception to the hearsay rule (see People v Stearns, 72 AD3d 1214, 1218, lv denied 15 NY3d 778). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see CPL 470.15  [a]).
Entered: December 23, 2011
Frances E. Cafarell Clerk of the Court
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