Opinion
March 31, 1992
Appeal from the Supreme Court, New York County (Herbert I. Altman, J.).
In the absence of a showing of bad faith or prejudice, the prosecutor's reference during his opening statement to the anticipated testimony of a police officer, placing defendant near the scene of the robbery a half-hour before its commission, did not require a mistrial when the officer could not be produced at trial (People v De Tore, 34 N.Y.2d 199, 207, cert denied sub nom. Wedra v New York, 419 U.S. 1025). Inasmuch as the People's identification witness had seen defendant six days prior to the commission of the robbery, observed him during the robbery itself, and spontaneously identified him the day after the robbery, we find any corroboration of that identification by the prosecutor's opening statement to have been inconsequential.
Concur — Milonas, J.P., Ellerin, Kupferman, Asch and Kassal, JJ.