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The PEOPLE, ETC., respondent, v. FRANKLIN SANTANA, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

Although a particular comment that the prosecutor made during her opening statement was improper ( see People v. Brosnan, 32 N.Y.2d 254; People v. Kennedy, 216 A.D.2d 491), any error was harmless in light of the overwhelming evidence of the defendant's guilt ( see People v. Brosnan, supra at 262). In addition, although the testimony of one of the prosecution witnesses constituted improper bolstering ( see People v. Trowbridge, 305 N.Y. 471), the error was harmless because the accuracy of the bolstered identification was not contested ( see People v. Johnson, 57 N.Y.2d 969; People v. James, 262 A.D.2d 139).

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

ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.

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PEOPLE v. SANTANA
(Mar 29, 2004)