PEOPLE v. PRICE


120 A.D.2d 690 (1986)

The People of the State of New York, Respondent, v. John Price, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 19, 1986


Judgment affirmed.

Although the testimony by Detective Houlihan concerning witness Dehaven Milian's prior identification of the defendant was improper bolstering (see, People v Trowbridge, 305 N.Y. 471), the error of law was not properly preserved for appellate review. Defense counsel's belated motion for a mistrial made after the trial court struck the testimony in question from the record and gave the jury curative instructions...

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