PEOPLE v. TRAUT (2005)

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered March 9, 2004, convicting him of murder in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review his argument that certain DNA evidence was admitted in violation of his Sixth Amendment right to confront witnesses against him (see Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177;  People v. Marino, 21 A.D.3d 430, 800 N.Y.S.2d 439;  People v. Bones, 17 A.D.3d 689, 793 N.Y.S.2d 545, lv. denied 5 N.Y.3d 826, 804 N.Y.S.2d 40, 837 N.E.2d 739).   In any event, in light of the overwhelming evidence of the defendant's guilt, any error was harmless beyond a reasonable doubt (see People v. Hardy, 4 N.Y.3d 192, 791 N.Y.S.2d 513, 824 N.E.2d 953;  People v. Crimmins, 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787;  People v. Linton, 21 A.D.3d 909, 800 N.Y.S.2d 627).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).