People v. Jones

170 A.D.2d 360, 566 N.Y.S.2d 264, 1991 N.Y. App. Div. LEXIS 2225

Opinion

Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered July 13, 1989, convicting defendant after jury trial of criminal sale of a controlled substance in the third degree, and sentencing him to an indeterminate term of imprisonment of five to ten years, unanimously affirmed.

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 AD2d 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 AD2d 295.) Concur—Sullivan, J. P., Carro, Ellerin, Ross and Kassal, JJ.