SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
January 16, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
BEVERLY J. PAPINEAU, APPELLANT
Appeal from judgment of Onondaga County Court convicting defendant of attempted robbery, first degree and assault, second degree.
Bastow, P. J., Del Vecchio, Marsh, Witmer and Henry, JJ.
Memorandum: Defendant appeals from a judgment convicting her of attempted robbery, first degree, and assault, second degree. Upon the trial a police officer testified, without objection, to a prior identification of the defendant made by the victim and an eyewitness. We agree that this was error. (People v. Trowbridge, 305 N. Y. 471; People v. Caserta, 19 N.Y.2d 18.) No objection having been made to this proof, however, the question was not preserved for review. (People v. Ross, 21 N.Y.2d 258.) We may of course reverse in the interest of justice (People v. Kelly, 12 N.Y.2d 248) but we decline to exercise that power on the present record. (Cf. People v. Phillips, 27 A.D.2d 981.) We have considered defendant's other contentions and find them without merit.
Judgment unanimously affirmed.
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