Opinion
January 23, 1987
Appeal from the Onondaga County Court, Burke, J.
Present — Dillon, P.J., Callahan, Boomer, Green and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted after a jury trial of robbery in the first degree arising from the January 31, 1984 robbery of the Oneida National Bank with a sawed-off shotgun. Defendant contends that it was error for the court to admit into evidence sawed-off shotgun barrels which were found in defendant's house as they constituted evidence of uncharged crimes (Penal Law § 265.10; § 265.15 [5]). The People contend this evidence was properly admitted on the basis of the identity exception to the general rule against evidence of prior uncharged crimes (People v. Molineux, 168 N.Y. 264, 293). We agree. The prejudicial effect of this evidence being outweighed by its probative value in establishing defendant's identity, it was correctly received into evidence (People v. Ventimiglia, 52 N.Y.2d 350, 359; People v. Sullivan, 103 A.D.2d 1035). Defendant further contends that he was denied a fair trial by the prosecutor's misconduct in his opening statement and summation. No objection having been raised to any of these errors, they have not been preserved for our review (People v. Dawson, 50 N.Y.2d 311, 324; People v. Rubin, 101 A.D.2d 71, 78). Further, though the prosecutor impermissibly impugned the defense, argued facts not in evidence, and bolstered his own witnesses' testimony, we cannot say that defendant was deprived of a fair trial (see, People v. Roopchand, 107 A.D.2d 35, 36, affd 65 N.Y.2d 837).
We have considered defendant's remaining contentions and find them without merit.