Opinion
November 16, 1994
Appeal from the Monroe County Court, Marks, J.
Present — Balio, J.P., Lawton, Wesley, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Although identification testimony of a prosecution witness was bolstered by testimony from a police investigator regarding a lineup (see, People v. Holt, 67 N.Y.2d 819, 821), the issue has not been preserved for review (see, CPL 470.05). Were we to reach the merits, we would conclude that the error is harmless in light of the overwhelming evidence of defendant's guilt (see, People v Johnson, 57 N.Y.2d 969; People v. Lomack, 174 A.D.2d 1037, lv denied 79 N.Y.2d 829).
County Court did not abuse its discretion in precluding defendant's alibi witness from testifying. No notice of alibi had been filed; the record establishes that defendant knew the whereabouts of the alibi witness; and the People would have been prejudiced if forced to disprove the alibi defense without an opportunity to investigate it (see, People v. Brown, 167 A.D.2d 847).