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PEOPLE v. ANGELO

Appellate Division of the Supreme Court of New York, Second Department.
Oct 31, 1994
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Ordered that the judgments are affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).

The defendant did not have the right to be present at the autopsies which were conducted upon the District Attorney's request (see, County Law ยง 677 [b]).

Furthermore, since the reliability of the polygraph test has not been demonstrated with sufficient certainty to be admissible in this State (see, People v. Shedrick, 66 N.Y.2d 1015, 1018; People v. Leone, 25 N.Y.2d 511), it was not error for the trial court to preclude a defense psychiatrist from stating that his conclusions were based in whole or in part on such a test (see generally, People v. Ford, 304 N.Y. 679).

The court did not err in imposing consecutive sentences since the defendant committed separate acts, none of which was a material element of another crime (see, People v. Danielson, 184 A.D.2d 723).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Santucci, J.P., Joy, Krausman and Goldstein, JJ., concur.