Opinion
January 24, 1986
Appeal from the Onondaga County Court, Cunningham, J.
Present — Dillon, P.J., Denman, Green, O'Donnell and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: In this relatively brief, uncomplicated trial, the evidence of defendant's guilt of robbery in the second degree was overwhelming. All of defendant's claims of error, save one, are either without merit or unpreserved for review. As to the latter, we decline to exercise our interest of justice jurisdiction (see, People v Creech, 60 N.Y.2d 895). The record demonstrates that defendant was not denied a fair trial (see, CPL 470.15 [a]), nor was he denied effective assistance of counsel (see, People v Baldi, 54 N.Y.2d 137, 147).
While it was error for the court to permit Officer Du Val, over objection, to testify that he observed the victim make a pretrial identification of defendant (see, People v Trowbridge, 305 N.Y. 471; People v Thomas, 91 A.D.2d 857), the error was harmless when measured against the applicable standard for review of nonconstitutional error (see, People v Crimmins, 36 N.Y.2d 230, 241-242). There was clear and strong testimony identifying the defendant (see, People v Mobley, 56 N.Y.2d 584), and there was no significant probability that the jury would have acquitted defendant had it not been for the police officer's bolstering testimony (see, People v Johnson, 57 N.Y.2d 969).