Opinion
February 28, 1995
Appeal from the Supreme Court, New York County (Daniel P. FitzGerald, J.).
The People proved defendant's guilt beyond a reasonable doubt when an eyewitness heard defendant discharge one shot and observed him discharge a second into the victim. Defendant's claim that the prosecutor elicited hearsay testimony from a witness is unpreserved for appellate review since defense counsel merely proffered a general objection (People v. West, 56 N.Y.2d 662). Nor would we reverse in the interest of justice where there was no out-of-court statement elicited (compare, People v Brensic, 70 N.Y.2d 9). The complained-of evidence was offered only to show that the officers made efforts to locate the potential eyewitnesses in the vicinity of the crime. Similarly, the testimony concerning what the officers did mentioned by the People in summation was a fair response to defense counsel's attacks on the People's witness (see, People v. D'Alessandro, 184 A.D.2d 114, lv denied 81 N.Y.2d 884).
Concur — Murphy, P.J., Ellerin, Kupferman, Williams and Tom, JJ.