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THE PEOPLE, ETC., Respondent, v. DARRYL BYRON, Appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The trial court properly admitted expert testimony regarding rape trauma syndrome to aid the jury in understanding the unusual behavior of the first complainant after the rape occurred ( see People v. Taylor, 75 N.Y.2d 277; People v. George, 277 A.D.2d 327) . The defendant's argument that the expert's testimony impermissibly bolstered the testimony of the second complainant is unpreserved for appellate review ( see CPL 470.05) and, in any event, is without merit ( cf. People v. Graham, 251 A.D.2d 426).

The defendant's contentions regarding certain remarks made by the prosecutor during summation are largely unpreserved for appellate review, as he failed to make timely objections ( see CPL 470.05) and did not seek further ameliorative action after certain objections were sustained ( see People v. Shelton, 307 A.D.2d 370; People v. Rodriguez, 182 A.D.2d 844; People v. Lewis, 175 A.D.2d 885). In any event, no reversible error occurred ( see People v. Gutierrez, 304 A.D.2d 458; People v. Berta, 213 A.D.2d 659; People v. Morris, 244 A.D.2d 361).

S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

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PEOPLE v. BYRON
(Dec 1, 2003)