PEOPLE, res, v. RAPHAEL BLACK, def-ap

10855-10855A-10855B. PEOPLE, res, v. RAPHAEL BLACK, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Samantha L. Stern of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for res — Judgments, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered July 2, 2010, as amended July 28, 2010 and August 26, 2010, convicting defendant, after a jury trial, of burglary in the second degree (two counts), grand larceny in the third degree and bail jumping in the second degree, and sentencing him, as a persistent violent felony offender, to an aggregate term of 34 years to life, unanimously affirmed.

Defendant, who was convicted of two separate burglaries, asserts that one of these convictions was against the weight of the evidence. We reject this argument (see People v. Danielson, 9 NY3d 342, 348 [2007]), and instead find that the evidence supporting the conviction at issue was overwhelming. The DNA expert’s testimony established the reliability of her methodology. Based on this testimony, there was no reasonable possibility that the DNA found at the scene of the burglary belonged to anyone other than defendant (see People v. Harrison, 22 AD3d 236 [1st Dept 2005], lv denied 6 NY3d 754 [2005]). Defendant’s identity as the person who committed the burglary was further established by his use of the same distinctive modus operandi in both burglaries.