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People v. Lucas

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1993
193 A.D.2d 700 (N.Y. App. Div. 1993)

Opinion

May 10, 1993

Appeal from the Supreme Court, Kings County (Cirigliano, J.).


Ordered that the judgment is affirmed.

The defendant's contention that he is entitled to reversal as a result of impermissible inferential bolstering of the complainant's identification testimony by the detective who arranged the lineup at which he was identified is unpreserved for appellate review because the defendant failed to raise any objections at trial to the statements he now finds objectionable (see, CPL 470.05; People v Moore, 159 A.D.2d 521; People v Jones, 124 A.D.2d 596). In any event, reversal of the defendant's conviction in the interest of justice is unwarranted. Even giving the defendant the benefit of his arguments, there is not a substantial likelihood that but for the alleged bolstering he would have been acquitted. The complainant's identification of the defendant was strong and unhesitating (see, People v Johnson, 57 N.Y.2d 969). The reasoning of the Court of Appeals in People v Johnson (supra) is equally applicable to this case: "Unquestionably [the] defendant had been identified; the erroneously admitted bolstering testimony went no further than to corroborate that uncontroverted fact" (People v Johnson, supra, 57 N.Y.2d, at 971).

The defendant's remaining contentions, including those advanced in his pro se supplemental brief, are largely unpreserved for appellate review, and, in any event, are without merit. Bracken, J.P., Rosenblatt, Miller and Pizzuto, JJ., concur.


Summaries of

People v. Lucas

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1993
193 A.D.2d 700 (N.Y. App. Div. 1993)
Case details for

People v. Lucas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC LUCAS, Appellant

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

Date published: May 10, 1993

Citations

193 A.D.2d 700 (N.Y. App. Div. 1993)
598 N.Y.S.2d 43

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