Opinion
2016–02144 Ind. No. 1973/11
11-21-2018
The PEOPLE, etc., respondent, v. Raymond EPPS, appellant.
Paul Skip Laisure, New York, N.Y. (Samuel Brown and Cynthia Colt of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Eric C. Washer of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Samuel Brown and Cynthia Colt of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Eric C. Washer of counsel), for respondent.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, COLLEEN D. DUFFY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Gregory L. Lasak, J.), rendered February 16, 2016, convicting him of murder in the second degree (two counts), robbery in the first degree, criminal possession of stolen property in the fourth degree (two counts), and grand larceny in the fourth degree (two counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that the Supreme Court improperly permitted a detective, who was not a witness to the crimes in question, to testify that, in his opinion, the person depicted in a surveillance video with the victim was the defendant (see CPL 470.05[2] ; People v. Alleyne, 114 A.D.3d 804, 804, 979 N.Y.S.2d 845 ; People v. Ray, 100 A.D.3d 933, 933, 954 N.Y.S.2d 199 ). Similarly, the defendant failed to preserve his contention that he was improperly sentenced as a second violent felony offender (see CPL 470.05[2] ; People v. Samms, 95 N.Y.2d 52, 57, 710 N.Y.S.2d 310, 731 N.E.2d 1118 ; People v. Taylor, 132 A.D.3d 915, 17 N.Y.S.3d 885 ). We decline to reach these issues in the exercise of our interest of justice jurisdiction.
Contrary to the defendant's contention, he was not deprived of the effective assistance of counsel (see People v. Caban, 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213 ; People v. Benevento, 91 N.Y.2d 708, 714, 674 N.Y.S.2d 629, 697 N.E.2d 584 ; People v. Baldi, 54 N.Y.2d 137, 140, 444 N.Y.S.2d 893, 429 N.E.2d 400 ).
RIVERA, J.P., CHAMBERS, DUFFY and IANNACCI, JJ., concur.