The People, etc., respondent, v. Jamel Ash, appellant. (2010)

Argued-January 28, 2010

DECISION & ORDER

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 N.Y.2d 440;  Sager Spuck Statewide Supply Co. v Meyer, 298 A.D.2d 794;  People v. Potter, 255 A.D.2d 763;  People v. Weinberg, 183 A.D.2d 932).   Furthermore, we note that before trial, the defendant was provided with copies of all the DNA reports (see Ed Guth Realty v. Gingold, 34 N.Y.2d 440;  Sager Spuck Statewide Supply Co. v Meyer, 298 A.D.2d 794;  People v. Potter, 255 A.D.2d 763;  People v. Weinberg, 183 A.D.2d 932).

PRUDENTI, P.J., DILLON, ENG and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court