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.