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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND E. DUTCHER, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant's conviction of sexual abuse in the first degree (Penal Law § 130.65) is supported by legally sufficient evidence and the verdict is not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495; People v Watson, 171 A.D.2d 826, 827, lv denied 78 N.Y.2d 1015). The trial court did not abuse its discretion either in its Sandoval ruling (see, People v Zillinger, 179 A.D.2d 382, lv denied 79 N.Y.2d 955; People v Stringfellow, 176 A.D.2d 447, 448, lv denied 79 N.Y.2d 864; People v Ortiz, 156 A.D.2d 197, 198, lv denied 76 N.Y.2d 740) or in permitting the 10-year-old complainant to be sworn as a witness (see, People v Schultz, 168 A.D.2d 468; People v Fernandez, 138 A.D.2d 733, 734, appeal withdrawn 72 N.Y.2d 858).

By failing to object to its admission, defendant has not preserved for our review his contention that the complainant's mother gave improper bolstering testimony about the details of the alleged sexual abuse (see, CPL 470.05; People v Larmond, 139 A.D.2d 668, 670, lv denied 72 N.Y.2d 862). We decline to review that issue in the interest of justice (see, CPL 470.15 [a]).

Finally, we are obliged to comment on the failure of the District Attorney to file a brief in opposition to defendant's arguments and in support of the judgment of conviction. Such failure is appropriate only when the appeal is from a judgment that the District Attorney concedes should be reversed (see, People v Herman, 187 A.D.2d 1027; People v Pacella, 47 A.D.2d 711).

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PEOPLE v. DUTCHER
(Apr 14, 1993)