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THE PEOPLE, ETC., Respondent, v. RYAN NICHOLAS, Appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant contends that the trial court erred in admitting into evidence a police detective's testimony that the detective identified him as a suspect after the detective spoke with an individual who was not called as a witness. This claim is unpreserved for appellate review, and in any event, is without merit since the challenged statement did not implicate the defendant as the perpetrator of the crime ( see People v. McClane, 190 A.D.2d 868; cf. People v. Latta, 295 A.D.2d 449; People v. Martinez, 269 A.D.2d 608).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

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PEOPLE v. NICHOLAS
(Nov 24, 2003)