People v. McIlwain

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Berkowitz, J.), rendered December 16, 1991, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

As a general rule, a trial witness may not testify as to the out-of-court identification of an accused by a complainant (see, People v Bolden, 58 NY2d 741, 743; see also, People v Trow-bridge, 305 NY 471, 477). Such testimony is hearsay, and is likely to improperly influence the jury’s belief in the reliability of the identification (see, People v…