Opinion
September 20, 1994
Appeal from the Supreme Court, New York County (Ronald Zweibel, J.).
All of defendant's claims are unpreserved for appellate review as a matter of law (People v. Howard, 200 A.D.2d 538; People v Febus, 193 A.D.2d 475, lv denied 81 N.Y.2d 1072; People v. Woods, 199 A.D.2d 176, lv denied 83 N.Y.2d 860), and we decline to review them in the interest of justice. If we were to review them, we would find that the court's violation of CPL 270.15 (3) in allowing the sworn jurors to leave the courtroom during the voir dire of the remaining jurors, and the prosecutor's improper bolstering of the complainant's identification testimony with testimony of police officers concerning the complainant's lineup identification, were harmless, and that the court did not unfairly marshal the evidence concerning identification.
Concur — Sullivan, J.P., Carro, Nardelli, Williams and Tom, JJ.