People v. McPherson
Opinion of the Court
—Judgment, Supreme Court, Bronx County (Vincent Vitale, J.), rendered December 6, 1991, convicting defendant, after a jury trial, of attempted murder in the second degree (two counts), and criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 10 to 20 years on each of the attempted murder counts, and 3 to 6 years on the weapon possession count, unanimously affirmed.
Defendant consented to admission of a document indicating
Defendant’s claim of "bad faith” on the part of the prosecutor in questioning the police officer who conducted the lineup is unsupported by the record. Additionally, any bolstering of one identification witness’ testimony that may have been created by the officer’s testimony was effectively rendered harmless by the trial court’s prompt curative actions and the strong identification testimony in this case, making it unlikely that the jury would substitute the officer’s testimony for that of the identification witness in question (People v Nunez, 162 AD2d 298, lv denied 76 NY2d 862).
We have considered defendant’s additional claims of error and find them to be either unpreserved or without merit. Concur — Sullivan, J. P., Ross, Kassal, Rubin and Nardelli, JJ.
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