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People v. Montes

149 A.D.2d 956, 540 N.Y.S.2d 89, 1989 N.Y. App. Div. LEXIS 5980
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 14, 1989
StatusPublished

This text of 149 A.D.2d 956 (People v. Montes) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Montes, 149 A.D.2d 956, 540 N.Y.S.2d 89, 1989 N.Y. App. Div. LEXIS 5980 (N.Y. Ct. App. 1989).

Opinion

— Judgment unanimously affirmed. 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 NY2d 819, 821; People v Faison, 126 AD2d 739; People v Vasquez, 120 AD2d 757, Iv denied 68 NY2d 760; People v Felder, 108 AD2d 869; People v Brown, 91 AD2d 639, 640; cfi, People v Brown, 115 AD2d 485, Iv denied 67 NY2d 760). 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 NY2d 584, 585; see also, People v Johnson, 57 NY2d 969).

For reasons stated by the suppression court, we affirm the determination that there was probable cause for defendant’s [957]*957arrest. (Appeal from judgment of Supreme Court, Monroe County, Mark, J.—murder, second degree.) Present—Dillon, P. J., Doerr, Boomer, Lawton and Davis, JJ.

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Related

People v. Johnson
443 N.E.2d 478 (New York Court of Appeals, 1982)
People v. Mobley
435 N.E.2d 672 (New York Court of Appeals, 1982)
People v. Holt
492 N.E.2d 769 (New York Court of Appeals, 1986)
People v. Brown
91 A.D.2d 639 (Appellate Division of the Supreme Court of New York, 1982)
People v. Felder
108 A.D.2d 869 (Appellate Division of the Supreme Court of New York, 1985)
People v. Brown
115 A.D.2d 485 (Appellate Division of the Supreme Court of New York, 1985)
People v. Vasquez
120 A.D.2d 757 (Appellate Division of the Supreme Court of New York, 1986)
People v. Faison
126 A.D.2d 739 (Appellate Division of the Supreme Court of New York, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
149 A.D.2d 956, 540 N.Y.S.2d 89, 1989 N.Y. App. Div. LEXIS 5980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montes-nyappdiv-1989.