Opinion
April 19, 1996
Appeal from the Onondaga County Court, Mulroy, J.
Present — Green, J.P., Pine, Fallon, Callahan and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in permitting the People to introduce into evidence the terms of the cooperation agreement with the codefendant, who testified on behalf of the People. We disagree. In his opening statement, defense counsel had attacked the credibility of the codefendant by pointing out his interest in testifying and his motive to fabricate. In response, the People were properly permitted to elicit the bolstering aspect of the cooperation agreement, i.e., the promise by the codefendant to testify truthfully ( see, United States v. Cosentino, 844 F.2d 30, 32-33, cert denied 488 U.S. 923; People v. Cherry, 161 A.D.2d 185, 187, lv denied 76 N.Y.2d 854; see also, People v. Gibbs, 210 A.D.2d 4, lv denied 85 N.Y.2d 938; People v. Rivera, 155 A.D.2d 941, lv denied 75 N.Y.2d 817; People v. Burke, 128 A.D.2d 542, affd 72 N.Y.2d 833, rearg denied 72 N.Y.2d 953). Further, it was not error to allow the codefendant's attorney to testify concerning the terms of the cooperation agreement; he had personal knowledge of the facts and did not testify as an expert.
We have reviewed the remaining contentions raised by defendant and conclude that they are without merit.