People v. Johnson

188 A.D.2d 344, 591 N.Y.S.2d 24, 1992 N.Y. App. Div. LEXIS 13681

Opinion

Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered December 13, 1990, convicting defendant, after a jury trial, of attempted murder in the second degree, attempted assault in the first degree, assault in the second degree, reckless endangerment in the first degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, and sentencing him as a predicate violent felony offender to concurrent terms of 6 to 12 years for attempted murder, 4 to 8 years for criminal possession of a weapon in the second degree, and SV2 to 7 years on each remaining count, unanimously affirmed.

Defendant confronted the complainant, to whom he was known, claiming that the complainant had been sitting on defendant’s father’s car. Defendant pulled a gun and fired several shots in the direction of the fleeing complainant, inadvertently wounding a bystander.

We find no basis to disturb the hearing court’s findings on credibility (see, People v Prochilo, 41 NY2d 759, 761), particularly its conclusion that complainant knew defendant from the neighborhood, and we note that defendant had ample opportunity to cross-examine the complainant at the hearing on the issue of the complainant’s claim that he was familiar with the defendant from the neighbor (cf., People v Rodriguez, 79 NY2d 445).

Defendant’s claim the the complainant’s identification testimony was improperly bolstered by a detective’s testimony that he had arrested defendant after a lineup is unpreserved as a matter of law and we decline to review it in the interest of justice. Were we to review, we would. find it to be without merit (People v Middleton, 159 AD2d 350, lv denied 76 NY2d 792; see generally, People v Rice, 75 NY2d 929, 932).

We have examined defendant’s remaining contentions and find them to be without merit. Concur — Sullivan, J. P., Milonas, Kupferman and Ross, JJ.