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People v. Jones

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1991
170 A.D.2d 360 (N.Y. App. Div. 1991)

Opinion

February 21, 1991

Appeal from the Supreme Court, Bronx County (Richard Lee Price, J.).


Defendant, who was arrested during a "buy and bust" operation, argues that his identification was impermissibly bolstered by testimony that he was arrested after a communication with the undercover officer. Bolstering, standing alone, rarely constitutes reversible error, unless there is a reasonable danger that the jury may use the improper testimony as a substitute for identification by the eyewitness, a factor not present here. (See, People v Burgess, 66 A.D.2d 667.)

Moreover, the bolstering here, i.e., that a statement was made, was inferential, and was harmless in view of the strong identification evidence. (People v Williams, 167 A.D.2d 295.)

Concur — Sullivan, J.P., Carro, Ellerin, Ross and Kassal, JJ.


Summaries of

People v. Jones

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1991
170 A.D.2d 360 (N.Y. App. Div. 1991)
Case details for

People v. Jones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM JONES…

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

Date published: Feb 21, 1991

Citations

170 A.D.2d 360 (N.Y. App. Div. 1991)
566 N.Y.S.2d 63

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