People v. Montes

• Decision Date: 14 April 1989
• Citation: 149 A.D.2d 956,540 N.Y.S.2d 89
• Parties: PEOPLE of the State of New York, Respondent, v. Elbin MONTES, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 89

540 N.Y.S.2d 89

149 A.D.2d 956

PEOPLE of the State of New York, Respondent, v.Elbin MONTES, Appellant.

Supreme Court, Appellate Division, Fourth Department.

April 14, 1989.

Edward J. Nowak by Mary Casey, Rochester, for appellant.

Howard R. Relin by Linda Lalli Stark, Rochester, for respondent.

Before DILLON, P.J., and DOERR, BOOMER, LAWTON and DAVIS, JJ.

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, 501 N.Y.S.2d 641, 492 N.E.2d 769;People v. Faison, 126 A.D.2d 739, 739-740, 511 N.Y.S.2d 324;People v. Vasquez, 120 A.D.2d 757, 502 N.Y.S.2d 282, lv. denied68 N.Y.2d 760, 506 N.Y.S.2d 1049, 497 N.E.2d 719;People v. Felder, 108 A.D.2d 869, 485 N.Y.S.2d 576;People v. Brown, 91 A.D.2d 639, 640, 456 N.Y.S.2d 821;cf., People v. Brown, 115 A.D.2d 485, 495 N.Y.S.2d 716, lv. denied67 N.Y.2d 760, 500 N.Y.S.2d 1031, 491 N.E.2d 288).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, 450 N.Y.S.2d 302, 435 N.E.2d 672;see also, People v. Johnson, 57 N.Y.2d 969, 457 N.Y.S.2d 230, 443 N.E.2d 478).

For reasons stated by the Suppression Court, we affirm the determination that there was probable cause for defendant's arrest.

Judgment unanimously affirmed.