Opinion
2000-04688, 2000-08947
Submitted September 5, 2002.
September 24, 2002.
Appeal by the defendant from (1) a judgment of the Supreme Court, Queens County (Buchter, J.), rendered May 8, 2000, convicting him, under Indictment No. 209/99, of attempted murder in the second degree, assault in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and attempted robbery in the second degree, upon a jury verdict, and imposing sentence, and (2) an amended judgment of the same court, also rendered May 8, 2000, as further amended May 15, 2000, revoking a sentence of probation previously imposed by the same court (Rotker, J.), upon a finding that he had violated a condition thereof, after a hearing (Buchter, J.), and imposing a sentence of imprisonment upon his previous conviction of attempted robbery in the second degree under Indictment No. 2950/97.
Andrew C. Fine, New York, N.Y. (Michelle Fox of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Ellen C. Abbot of counsel; Kimberley C. Nielsen on the brief), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, STEPHEN G. CRANE, WILLIAM F. MASTRO, JJ.
ORDERED that the judgment and amended judgment, as further amended, are affirmed.
The defendant's contention that the prosecutor improperly attempted to bolster the victim's identification testimony is not preserved for appellate review, since he failed to object to it specifically at trial (see CPL 470.05; People v. Ortiz, 164 A.D.2d 872). In any event, the defendant's claim is without merit. "Under CPL 60.30, a witness's testimony as to identifications he or she made at prior court proceedings are admissible notwithstanding their bolstering effect on the witness's testimony" (People v. Rosario, 186 A.D.2d 598, 599; see also People v. White, 73 N.Y.2d 468, 473, cert denied sub nom White v. New York, 493 U.S. 859; People v. Saunders, 166 A.D.2d 546).
The defendant's remaining contentions are without merit.
FLORIO, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.