PEOPLE v. HAYWOOD

Defendant's claim that testimony by the arresting officer to the effect that he followed defendant and the codefendant because of a gesture from the undercover officer indicating possible danger should have been excluded as hearsay and "bolstering" is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the testimony as to the gesture was not offered for its truth and was properly admitted to explain the arresting officer's actions.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.