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People v. Ray

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1987
127 A.D.2d 859 (N.Y. App. Div. 1987)

Opinion

February 23, 1987

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


Ordered that the judgment is affirmed.

The defendant's guilt was established beyond a reasonable doubt (see, People v. Bauer, 113 A.D.2d 543). Further, although the arresting police officer should not have been allowed to testify that the complainant selected the defendant from a lineup, as such testimony constitutes impermissible bolstering (see, People v. Williams, 109 A.D.2d 906, 907; People v. Hall, 82 A.D.2d 838, 839), the issue has not been preserved for our review by an appropriate objection (see, CPL 470.05; People v. Merritt, 117 A.D.2d 629). Were we to reach the issue, in view of the overwhelming evidence of guilt, including clear and strong proof of the defendant's identity as the perpetrator, we would find that the error was harmless (see, People v. Johnson, 57 N.Y.2d 969, 970; People v. Mobley, 56 N.Y.2d 584, 585; cf., People v Grubbs, 112 A.D.2d 104).

We have considered the remaining contentions raised by the defendant and find them to be either unpreserved for review or without merit. Thompson, J.P., Lawrence, Kunzeman and Sullivan, JJ. concur.


Summaries of

People v. Ray

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1987
127 A.D.2d 859 (N.Y. App. Div. 1987)
Case details for

People v. Ray

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYL RAY, Appellant

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

Date published: Feb 23, 1987

Citations

127 A.D.2d 859 (N.Y. App. Div. 1987)

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