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• Title: People State New York v. Joseph Marks
• Author : Supreme Court of New York
• Release Date : January 24, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

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Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a jury trial, of assault in the second degree
(Penal Law § 120.05[2]) for stabbing his neighbor following an argument. We agree with defendant's contention that Supreme
Court erred in admitting testimony from two prosecution witnesses that improperly bolstered the victim's identification of
defendant (see, People v Bayron, 66 N.Y.2d 77, 81; People v Trowbridge, 305 NY 471; People v Love, 135 A.D.2d 1099). Defendant's
attorney, however, failed to object to that testimony as improper bolstering. Thus, the issue has not been preserved for appellate
review (see, CPL 470.05[2]; People v West, 56 N.Y.2d 662, 663; People v Minigan, A.D.2d [decided July 12, 1991], lv denied
78 N.Y.2d 1013). Were we to address the issue on the merits, we would conclude that the error was harmless in light of the
victim's strong and unequivocal identification of the defendant, who resided downstairs (see, People v Johnson, 57 N.Y.2d
969; People v Mobley, 56 N.Y.2d 584, 585; People v Williams, 154 A.D.2d 935, lv denied 75 N.Y.2d 778). In our view, there
is no significant probability that the jury would have acquitted defendant had it not been for the error (see, People v Crimmins,
36 N.Y.2d 230, 242; People v Johnson, supra, at 970). Because of defendant's extensive criminal record, the court did not
abuse its discretion in the imposition of the sentence.

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