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PEOPLE v. GARCIA

266 A.D.2d 161 (1999)

698 N.Y.S.2d 486

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MILAGROS GARCIA, Also Known as CELIDA DIAZ, Appellant.

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

Decided November 30, 1999.

In this buy and bust case, the arresting officer's brief and limited testimony regarding the undercover officer's drive-by confirmatory identification did not constitute impermissible bolstering (People v Gonzalez, 172 A.D.2d 276, lv denied 77 N.Y.2d 995). We find nothing in the challenged testimony that could have unfairly influenced the jury's resolution of the identification and credibility issues presented at trial.

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