Opinion
2001-07936.
Decided March 29, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (West, J.), rendered August 15, 2001, convicting him of kidnapping in the first degree, robbery in the first degree, and robbery in the second degree, upon a jury verdict, and imposing sentence.
Feldman and Feldman, Hauppauge, N.Y. (Arza Feldman of counsel), for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Kieran T. Byrne and Richard Longworth Hecht of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Although a particular comment that the prosecutor made during her opening statement was improper ( see People v. Brosnan, 32 N.Y.2d 254; People v. Kennedy, 216 A.D.2d 491), any error was harmless in light of the overwhelming evidence of the defendant's guilt ( see People v. Brosnan, supra at 262). In addition, although the testimony of one of the prosecution witnesses constituted improper bolstering ( see People v. Trowbridge, 305 N.Y. 471), the error was harmless because the accuracy of the bolstered identification was not contested ( see People v. Johnson, 57 N.Y.2d 969; People v. James, 262 A.D.2d 139).
The defendant's remaining contentions either are unpreserved for appellate review or without merit.
ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.