Opinion
May 22, 1979
Appeal from the Monroe Supreme Court.
Present — Cardamone, J.P., Simons, Hancock, Jr., Callahan, and Moule, JJ.
Judgment unanimously affirmed. Memorandum: During the trial two prosecution witnesses were permitted, over objection, to testify concerning an out-of-court statement made by the complainant in which she identified the defendant as the man who had raped her. Absent a claim of recent fabrication such testimony improperly bolsters the complainant's credibility and is inadmissible (People v. Wooden, 66 A.D.2d 1004). However, in light of the strong evidence of guilt, including defendant's confession, we find the error to be harmless (People v. Crimmins, 36 N.Y.2d 230).