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People v. Alston

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1990
163 A.D.2d 398 (N.Y. App. Div. 1990)

Opinion

July 9, 1990

Appeal from the Supreme Court, Queens County (Farlo, J.).


Ordered that the judgment is affirmed.

The defendant contends that he was denied a fair trial by the admission of allegedly explicit and implicit bolstering testimony and by the prosecutor's reference to this testimony on summation. To preserve a claim of error on the ground of bolstering (see, People v. Trowbridge, 305 N.Y. 471), the defendant must explicitly state that the basis of his objection is that the testimony constitutes improper bolstering (see, People v. Love, 57 N.Y.2d 1023; People v. West, 56 N.Y.2d 662). Here the defendant did not make any objection to the testimony or the remark on summation now complained of. His claims are therefore unpreserved for appellate review (see, CPL 470.05; People v. Nuccie, 57 N.Y.2d 818; People v. Faison, 120 A.D.2d 744). Brown, J.P., Lawrence, Kooper and O'Brien, JJ., concur.


Summaries of

People v. Alston

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1990
163 A.D.2d 398 (N.Y. App. Div. 1990)
Case details for

People v. Alston

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALVIN ALSTON, Appellant

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

Date published: Jul 9, 1990

Citations

163 A.D.2d 398 (N.Y. App. Div. 1990)
558 N.Y.S.2d 123

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