People v. Jones

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNEST JONES, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 3, 1986

124 A.D.2d 596 (N.Y. App. Div. 1986)

Opinion

November 3, 1986

Appeal from the Supreme Court, Kings County (Cohen, J.).

Justice Lazer has been substituted for the late Justice Gibbons(see, 22 NYCRR 670.2 [c]).

Ordered that the judgment is affirmed.

Because the defendant failed to object to the police officers' testimony specifically on the ground that it impermissibly bolstered the identification testimony given by the complainants, that claim has not been preserved for our review (see, People v Love, 57 N.Y.2d 1023; People v West, 56 N.Y.2d 662). The defendant has similarly failed to preserve his argument with respect to the alibi charge, since he neither requested particular language to be charged in this record nor objected to the charge as given (see, People v Hoke, 62 N.Y.2d 1022; People v Seabrooks, 120 A.D.2d 691). The sentence imposed does not warrant appellate modification (see, People v Suitte, 90 A.D.2d 80). Lazer, J.P., Thompson, Eiber and Spatt, JJ., concur.