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THE PEOPLE, ETC., RESPONDENT, v. KIRK STEPHENS, APPELLANT. (Ind. No. 15487/96)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant has not preserved for appellate review his contention that the police officers' testimony regarding radio calls was inadmissible hearsay and improperly bolstered the testimony of the victim (see, People v Malizia, 62 N.Y.2d 755, cen denied 469 U.S. 932; People v Williams, 240 A.D.2d 686; People v Saladana, 208 A.D.2d 872; People v Rosa, 125 A.D.2d 345). In any event, the challenged testimony was properly admitted to explain the events precipitating the defendant's arrest and the presence of officers at the scene, and to avoid speculation by the jury (see, People v Spencer, 212 A.D.2d 645; People v Gill, 215 A.D.2d 690; People v Burrus, 182 A.D.2d 634).

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PEOPLE v. STEPHENS
(Jul 17, 2000)