PEOPLE v. DOWLING (2008)

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered March 2, 2005, convicting him of murder in the second degree, robbery in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's challenges to various questions posed by the prosecutor during cross-examination of the defendant, as well as comments made during summation, are unpreserved for appellate review. In the few instances when the defendant did object, he either made only general objections or failed to request a curative instruction when an objection was sustained (see CPL 470.05[2];  People v. Haripersaud, 24 A.D.3d 468, 806 N.Y.S.2d 221;  People v. Ivory, 307 A.D.2d 1000, 1001, 763 N.Y.S.2d 490).   In any event, his contentions are without merit (see People v. Haripersaud, 24 A.D.3d 468, 806 N.Y.S.2d 221;  People v. Mendoza, 304 A.D.2d 774, 774-775, 757 N.Y.S.2d 780;  People v. Elliot, 216 A.D.2d 576, 577, 628 N.Y.S.2d 761).

Contrary to the defendant's contentions, he was not denied his Sixth Amendment right to confrontation when the trial court admitted testimony based on an autopsy report without the testimony of the medical examiner who prepared the report.   The testimony was properly limited to the non-opinion portion of the autopsy report which was nontestimonial in nature (see Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177;  People v. Freycinet, 41 A.D.3d 731, 731-732, 839 N.Y.S.2d 770, lv. granted 9 N.Y.3d 922, 844 N.Y.S.2d 177, 875 N.E.2d 896;  People v. Bryant, 27 A.D.3d 1124, 1125-1126, 815 N.Y.S.2d 372;  United States v. Feliz, 467 F.3d 227, 229, cert. denied sub. nom. Erbo v. United States, 549 U.S. 1238, 127 S.Ct. 1323, 167 L.Ed.2d 132;  see also People v. Rawlins, 10 N.Y.3d 136, 855 N.Y.S.2d 20, 884 N.E.2d 1019).