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People v. McIlwain

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1994
205 A.D.2d 710 (N.Y. App. Div. 1994)

Opinion

June 20, 1994

Appeal from the Supreme Court, Queens County (Berkowitz, J.).


Ordered that the judgment is affirmed.

As a general rule, a trial witness may not testify as to the out-of-court identification of an accused by a complainant (see, People v. Bolden, 58 N.Y.2d 741, 743; see also, People v Trowbridge, 305 N.Y. 471, 477). Such testimony is hearsay, and is likely to improperly influence the jury's belief in the reliability of the identification (see, People v. Bolden, supra, at 743). Contrary to the defendant's contention, no such improper bolstering occurred here. The investigating officer testified as to the procedures employed during the lineup, and as to the questions he asked of the complainant. However, he never testified as to what the complainant said, or that the complainant had identified the defendant (see, People v Galarza, 126 A.D.2d 666; see also, People v. Lopez, 123 A.D.2d 360).

Further, the defendant's allegation that the trial court erred by denying his request for a charge on prior inconsistent statements is without merit. The general credibility instruction given by the court was sufficient (see, People v. Whalen, 59 N.Y.2d 273, 279; see also, People v. Oliphant, 201 A.D.2d 590; People v. Gamble, 182 A.D.2d 638). Sullivan, J.P., Balletta, Altman and Friedmann, JJ., concur.


Summaries of

People v. McIlwain

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1994
205 A.D.2d 710 (N.Y. App. Div. 1994)
Case details for

People v. McIlwain

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW McILWAIN…

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

Date published: Jun 20, 1994

Citations

205 A.D.2d 710 (N.Y. App. Div. 1994)
613 N.Y.S.2d 674

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