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,
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PEOPLE v. JONES
170 A.D.2d 360 (1991)
The People of the State of New York, Respondent, v. William Jones, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 21, 1991
February 21, 1991
Appellate Division of the Supreme Court of the State of New York, First Department.
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