Opinion
2001-04009.
Submitted October 23, 2003.
November 24, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered April 17, 2001, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Sarah J. Berger of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas S. Ross of counsel; David Pospischil on the brief), for respondent.
Before: SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that the trial court erred in admitting into evidence a police detective's testimony that the detective identified him as a suspect after the detective spoke with an individual who was not called as a witness. This claim is unpreserved for appellate review, and in any event, is without merit since the challenged statement did not implicate the defendant as the perpetrator of the crime ( see People v. McClane, 190 A.D.2d 868; cf. People v. Latta, 295 A.D.2d 449; People v. Martinez, 269 A.D.2d 608).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.