The People, etc., respondent, v. Donnell Lassiter, appellant. (2010)

Argued-May 25, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chun, J.), rendered September 27, 2007, convicting him of assault in the first degree and criminal possession of a weapon in the second degree (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the testimony of a police detective improperly bolstered the prior identification of the defendant by certain eyewitnesses, in violation of the principles enunciated in People v. Trowbridge (305 N.Y. 471), is unpreserved for appellate review (see People v. West, 56 N.Y.2d 662, 663;  see also People v. Melendez, 51 AD3d 1040, 1041).   In any event, the contention is without merit.   The detective's testimony did not have a bolstering effect because he did not refer to the witnesses's identification of the defendant (see People v. Moore, 159 A.D.2d 521, 522;  People v. Middleton, 128 A.D.2d 554, 554).

The defendant was not deprived of the effective assistance of counsel (see People v. Taylor, 1 NY3d 174, 176-178;  People v. Benevento, 91 N.Y.2d 708, 712).

The defendant's remaining contentions are unpreserved for appellate review (see CPL 470.05[2] ) and, in any event, are without merit.

FISHER, J.P., SANTUCCI, MILLER and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court