People v Tavarez
2008 NY Slip Op 08349 [55 AD3d 932]
October 28, 2008
Appellate Division, Second Department
As corrected through Wednesday, December 10, 2008


The People of the State of New York, Respondent,
v
DanielTavarez, Appellant.

[*1]Lynn W. L. Fahey, New York, N.Y. (Denise A. Corsi of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner ofcounsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.),rendered May 9, 2005, convicting him of robbery in the first degree, upon a jury verdict, and imposingsentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not err in declining to issue an expandedidentification charge. The identification charge, as given, accurately stated the law (see People vWhalen, 59 NY2d 273, 279 [1983]; People v Rivera, 259 AD2d 637, 637-638 [1999]).

The defendant's contention that certain police testimony constituted impermissible bolstering isunpreserved for appellate review, as the defendant never objected to this testimony (see CPL470.05 [2]; People v Vanier, 255 AD2d 610 [1998]). In any event, the testimony wasproperly admitted to complete the narrative of events leading to the defendant's arrest (see People vCato, 287 AD2d 415 [2001]; People v Vanier, 255 AD2d 610 [1998]; People vParris, 247 AD2d 221, 222 [1998]; People v Cruz, 214 AD2d 952 [1995]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant's remaining contention is without merit. Rivera, J.P., Lifson, Miller and Eng, JJ.,concur.


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