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PEOPLE v. DUBOIS

Appellate Division of the Supreme Court of New York, Second Department.
Feb 16, 1988

Ordered that the judgment is affirmed.

It was error for the trial court to allow a police officer to testify that he arrested the defendant after a conversation with a codefendant who did not testify at trial (People v Felder, 108 A.D.2d 869, 870; People v Cruz, 100 A.D.2d 882, 883). However, the error was unpreserved for appellate review and, in any event, was harmless in light of the strong identification testimony by the two victims (People v Johnson, 57 N.Y.2d 969, 970; People v Crimmins, 36 N.Y.2d 230, 242).

The defendant failed to object to the jury charge at trial, and thus his claim regarding the reasonable doubt standard was also not preserved for appellate review (CPL 470.05; People v De Mauro, 48 N.Y.2d 892, 893; People v Reed, 120 A.D.2d 552, 553). In any event, it is clear that the charge as a whole conveyed the proper standard to the jury (People v Fisher, 112 A.D.2d 378). Brown, J.P., Rubin, Eiber and Sullivan, JJ., concur.