People v. Johnson

251 A.D.2d 19, 672 N.Y.S.2d 715, 1998 N.Y. App. Div. LEXIS 6395

Opinion

—Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered June 9, 1994, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed.

The jury’s determinations of fact and credibility are supported by the record and the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490).

Defendant’s claims of error regarding identification testimony are unpreserved and we decline to review them in the interest of justice.

The court properly permitted the prosecutor to cross-examine a defense witness regarding his failure to come forward promptly with exculpatory information, after establishing that defendant and the witness were long-time friends, that the witness was aware of the charge pending against defendant and that the witness had the opportunity to come forward expeditiously (People v Dawson, 50 NY2d 311; People v Jackson, 214 AD2d 475, lv denied 86 NY2d 796). We reject defendant’s argument that this type of impeachment should be limited to alibi witnesses. Concur — Sullivan, J. P., Rosenberger, Rubin, and Williams, JJ.