Opinion
May 11, 1990
Appeal from the Monroe County Court, Egan, J.
Present — Dillon, P.J., Callahan, Denman, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that he was denied a fair trial by the admission of hearsay evidence that impermissibly bolstered the victim's testimony. He asserts six instances of alleged improper bolstering, four of which are unpreserved for our review. We decline to exercise our power to review the unpreserved claims in the interest of justice. Insofar as the alleged errors are preserved, the admission of bolstering testimony must be deemed harmless in view of the overwhelming evidence of defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230; see also, People v. Johnson, 57 N.Y.2d 969, 970; People v. Barnes, 144 A.D.2d 995, lv denied 73 N.Y.2d 889; People v. Harper, 144 A.D.2d 946, lv denied 73 N.Y.2d 892). The identification testimony of Officer Blair and Investigator Fantanza did not prejudice defendant because his identity was not an issue in this case (cf., People v. Felder, 108 A.D.2d 869, 870). In view of our determination, the argument that unrelated judgments must be vacated (see, People v. Fuggazzatto, 62 N.Y.2d 862) is rendered moot. In any event, those judgments are not before us.
Finally, the sentence imposed was not harsh and excessive.