People v. Barroso

Defendant’s claim that it was error to permit the People to elicit, on its rebuttal case, testimony from a detective and an identifying witness concerning a photographic identification that preceded a lineup identification is unpreserved for review (People v Beejack, 188 AD2d 273, lv denied 81 NY2d 881), and we decline to review it in the interest of justice. If we were to review it, we would find that defendant had affirmatively placed the existence and integrity of a photographic identification in issue, thereby opening the door to the rebuttal evidence (People v Collins, 214 AD2d 483, lv…