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People v. Lineberger

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 1998
251 A.D.2d 19 (N.Y. App. Div. 1998)

Opinion

June 2, 1998

Appeal from the Supreme Court, New York County (Rena Uviller, J.).


Defendant's claim that testimony by police witnesses constituted improper bolstering of the eyewitness's testimony is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the challenged testimony did not constitute inferential bolstering (see, People v. Parris, 247 A.D.2d 221), and that, in any event, its admission was harmless in view of the strength of the identification testimony (People v. Johnson, 57 N.Y.2d 969).

We perceive no abuse of sentencing discretion.

Concur — Sullivan, J. P., Rosenberger, Rubin and Williams, JJ.


Summaries of

People v. Lineberger

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 1998
251 A.D.2d 19 (N.Y. App. Div. 1998)
Case details for

People v. Lineberger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TONY LINEBERGER…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 2, 1998

Citations

251 A.D.2d 19 (N.Y. App. Div. 1998)
672 N.Y.S.2d 710

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Therefore, appellate review of the issue is foreclosed as a matter of law (CPL 470.05; People v Lineberger,…