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People v. Montes

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1989
149 A.D.2d 956 (N.Y. App. Div. 1989)

Opinion

April 14, 1989

Appeal from the Supreme Court, Monroe County, Mark, J.

Present — Dillon, P.J., Doerr, Boomer, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: The court erred by allowing two police officer witnesses to testify that, after speaking with eyewitnesses to a fatal shooting, they issued an order for defendant's arrest. This testimony indirectly bolstered the identification of defendant and was improper (see, People v Holt, 67 N.Y.2d 819, 821; People v. Faison, 126 A.D.2d 739; People v. Vasquez, 120 A.D.2d 757, lv denied 68 N.Y.2d 760; People v Felder, 108 A.D.2d 869; People v. Brown, 91 A.D.2d 639, 640; cf., People v. Brown, 115 A.D.2d 485, lv denied 67 N.Y.2d 760). However, in light of the "clear and strong" evidence of identity present in this case, we find that the erroneous admission of this improper bolstering testimony was harmless (People v. Mobley, 56 N.Y.2d 584, 585; see also, People v. Johnson, 57 N.Y.2d 969).

For reasons stated by the suppression court, we affirm the determination that there was probable cause for defendant's arrest.


Summaries of

People v. Montes

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1989
149 A.D.2d 956 (N.Y. App. Div. 1989)
Case details for

People v. Montes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELBIN MONTES, Appellant

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

Date published: Apr 14, 1989

Citations

149 A.D.2d 956 (N.Y. App. Div. 1989)

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