Opinion
November 15, 1995
Appeal from the Supreme Court, Monroe County, Mark, J.
Present — Green, J.P., Pine, Wesley, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The testimony of the arresting officer concerning complainant's description of defendant's clothing did not constitute bolstering (see, People v Spencer, 212 A.D.2d 645, lv denied 86 N.Y.2d 741; People v Castro, 174 A.D.2d 378, lv denied 78 N.Y.2d 1074). Even assuming, arguendo, that the evidence was improperly admitted, its admission was harmless (see, People v Johnson, 57 N.Y.2d 969, 970).
Evidence that defendant struggled with police when he was arrested was properly admitted because its probative value exceeded any prejudice to defendant (see, People v Alvino, 71 N.Y.2d 233, 242). Indeed, defendant himself used that evidence in arguing that the blood on his clothing was the result of that struggle, not the result of an injury he sustained while breaking into the premises.