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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEAN K. HOUK, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in permitting a prosecution witness to bolster the trial testimony of the infant complainant, whom defendant was found to have raped and sodomized. The witness testified that the complainant, her daughter, had typed a message on their home computer, which stated, "I have been sexualy [sic] abused." Defendant failed to object to the mother's testimony regarding the computer message, and, thus, the issue is unpreserved for appeal ( see, CPL 470.05; People v Smith, 219 A.D.2d 794, lv denied 86 N.Y.2d 875), and we decline to review the issue as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). Upon our review of the record, we conclude that the sentence is neither unduly harsh nor severe ( see, CPL 470.15 [b]).

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PEOPLE v. HOUK
(Mar 8, 1996)