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THE PEOPLE, ETC., respondent, v. MARK BOATSWAIN, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant claims that the trial court committed reversible error when it permitted the prosecutor to elicit testimony which bolstered the identification evidence ( see People v. Trowbridge, 305 N.Y. 471). This contention is unpreserved for appellate review ( see CPL 470.05; People v. Griffin, 246 A.D.2d 668).

The defendant's contention that he was deprived of the effective assistance of counsel is without merit, as the record reveals that the defendant received meaningful representation ( see People v. Berroa, 99 N.Y.2d 134, 138; People v. Baldi, 54 N.Y.2d 137, 147).

Although the trial court improperly denigrated the defense counsel in the presence of the jury ( see People v. De Jesus, 42 N.Y.2d 519, 524), it thereafter issued curative instructions with respect to its own conduct ( see People v. Strong, 256 A.D.2d 427; People v. Moore, 242 A.D.2d 882, 883; People v. Diaz, 189 A.D.2d 574, 575).

The defendant's remaining contentions either are unpreserved for appellate review or without merit.

SANTUCCI, J.P., GOLDSTEIN, LUCIANO and MASTRO, JJ., concur.

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PEOPLE v. BOATSWAIN
(Jun 28, 2004)