People v. Stanley

• Decision Date: 11 May 1990
• Citation: 161 A.D.2d 1146,558 N.Y.S.2d 862
• Parties: PEOPLE of the State of New York, Respondent, v. Gregory STANLEY, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 862

558 N.Y.S.2d 862

161 A.D.2d 1146

PEOPLE of the State of New York, Respondent, v.Gregory STANLEY, Appellant.

Supreme Court of New York, Appellate Division Fourth Department.

May 11, 1990

Edward J. Nowak by Kathleen McDonough, Rochester, for appellant.Howard R. Relin by Loretta Courtney, Rochester, for respondent.

Judgment unanimously affirmed.Memorandum: Defendant contends that he was denied a fair trial by the admission of hearsay evidence that impermissibly bolstered the victim's testimony.He asserts six instances of alleged improper bolstering, four of which are unpreserved for our review.We decline to exercise our power to review the unpreserved claims in the interest of justice.Insofar as the alleged errors are preserved, the admission of bolstering testimony must be deemed harmless in view of the overwhelming evidence of defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787;see also, People v. Johnson, 57 N.Y.2d 969, 970, 457 N.Y.S.2d 230, 443 N.E.2d 478;People v. Barnes, 144 A.D.2d 995, 534 N.Y.S.2d 280, lv. denied73 N.Y.2d 889, 538 N.Y.S.2d 801, 535 N.E.2d 1341;People v. Harper, 144 A.D.2d 946, 534 N.Y.S.2d 259, lv. denied73 N.Y.2d 892, 538 N.Y.S.2d 804, 535 N.E.2d 1344).The identification testimony of Officer Blair and Investigator Fantanza did not prejudice defendant because his identity was not an issue in this case(cf., People v. Felder, 108 A.D.2d 869, 870, 485 N.Y.S.2d 576).In view of our determination, the argument that unrelated judgments must be vacated (see, People v. Fuggazzatto, 62 N.Y.2d 862, 477 N.Y.S.2d 619, 466 N.E.2d 159) is rendered moot.In any event, those judgments are not before us.

Finally, the...