Opinion
November 9, 1993
Appeal from the Supreme Court, Bronx County (Harold Silverman, J.).
Viewing the evidence in the light most favorable to the People (People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), we find that the evidence was legally sufficient to support defendant's conviction for the sale of three vials of crack cocaine to an undercover police officer and that the verdict was not against the weight of the evidence. Defendant's challenge to the police witnesses' testimony as to the information transmitted over the police radio is not preserved as a matter of law (CPL 470.05; People v West, 56 N.Y.2d 662), and we decline to review the issue in the interest of justice. Nor did the codefendant's general objection preserve the claim since it elicited instructions to strike that were never contended to be inadequate (People v Medina, 53 N.Y.2d 951, 953). Were we to consider the issue in the interest of justice, we would find that while the testimony of the receiving officer implicitly bolstered the identification testimony of the transmitting officer, any error was harmless in view of the overwhelming evidence of guilt.
Concur — Ellerin, J.P., Ross, Rubin and Nardelli, JJ.