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People v. Benneman

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1985
112 A.D.2d 941 (N.Y. App. Div. 1985)

Opinion

August 5, 1985

Appeal from the Supreme Court, Suffolk County (D'Amaro, J.).


Judgment affirmed.

Defendant argues that eyewitness Raynard Ostermann should not have been allowed to testify at trial that he had previously identified defendant at two lineups, since it is defendant's belief that such testimony constituted improper bolstering in violation of the rule set forth in People v Trowbridge ( 305 N.Y. 471). As no objection was taken upon this ground, this matter is not preserved for appellate review (CPL 470.05; People v. Love, 57 N.Y.2d 1023). In any event, such testimony did not constitute improper bolstering ( People v Blake, 32 N.Y.2d 935; CPL 60.30; Sobel, Eyewitness Identification § 4.3 [a] [2d ed]).

We have considered such other of defendant's contentions as have been preserved for our review and find them to be lacking in merit. Lazer, J.P., Bracken, Brown and Lawrence, JJ., concur.


Summaries of

People v. Benneman

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1985
112 A.D.2d 941 (N.Y. App. Div. 1985)
Case details for

People v. Benneman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOWARD BENNEMAN…

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

Date published: Aug 5, 1985

Citations

112 A.D.2d 941 (N.Y. App. Div. 1985)

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