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People v. Griffin

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1998
246 A.D.2d 668 (N.Y. App. Div. 1998)

Opinion

January 26, 1998

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


Ordered that the judgments are affirmed.

The defendant's contention regarding the trial under Indictment No. 2036/94 that the police detective's testimony improperly bolstered the identification evidence is unpreserved for appellate review, since he failed to object to both instances of the allegedly improper testimony ( see, CPL 470.05; People v. Williams, 193 A.D.2d 826). In any event, his argument is without merit. The detective testified about a lineup the complainant viewed. He further testified that he obtained pedigree information from the defendant after the defendant was arrested. Such testimony did not constitute improper bolstering since the detective never indicated that the defendant was arrested as a result of the lineup ( see, People v. Stanley, 185 A.D.2d 827). Moreover, the detective's testimony that the defendant was a suspect was permissible since "[s]uch testimony cannot be equated with police testimony improperly implying that a witness who was not brought to testify did in fact implicate the defendant" ( People v. Armstead, 134 A.D.2d 601, 602; see, People v. Williams, 193 A.D.2d 826; People v. Polidore, 181 A.D.2d 835; People v. Birmingham, 168 A.D.2d 503).

The defendant's plea allocution under Indictment No 2004/94 demonstrated a voluntary and intelligent waiver of his right to challenge on appeal any issues concerning the negotiated sentence, including whether the court properly determined that the terms of imprisonment imposed under Indictment No. 2004/94 would run consecutively to each other and consecutively to the term of imprisonment imposed under Indictment No. 2036/94 ( see, People v. Allen, 82 N.Y.2d 761).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Sullivan, J.P., Pizzuto, Santucci and Florio, JJ., concur.


Summaries of

People v. Griffin

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1998
246 A.D.2d 668 (N.Y. App. Div. 1998)
Case details for

People v. Griffin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK GRIFFIN, Appellant

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

Date published: Jan 26, 1998

Citations

246 A.D.2d 668 (N.Y. App. Div. 1998)
668 N.Y.S.2d 395

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