People v. Herrall

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TROY HERRALL, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 16, 1999

259 A.D.2d 347 (N.Y. App. Div. 1999)

689 N.Y.S.2d 18

Opinion

March 16, 1999

Appeal from the Supreme Court, Bronx County (Dominic Massaro, J.).

Defendant's cross-examination of the officer opened the door to the challenged redirect examination and a prior statement was properly admitted to rebut defendant's suggestion of a specific recent fabrication occurring during the trial. In any event, were we to find any error in the receipt of this testimony, we would find such error to be harmless in light of the overwhelming evidence of defendant's guilt ( see, People v. Johnson, 213 A.D.2d 241, lv denied 86 N.Y.2d 782).

Concur — Sullivan, J. P., Rosenberger, Tom and Lerner, JJ.