People v. Smith

OPINION OF THE COURT

Smith, J.

We held in People v Huertas (75 NY2d 487 [1990]) that a crime victim could testify to her own description of her attacker, given to the police shortly after the crime. We now hold that a police officer’s testimony to a victim’s description, where it does not tend to mislead the jury, may also be admissible under the Huertas rule.

I

Defendant was convicted of robbing Hector Velez. A video recording that shows Velez being robbed by two men was admitted *465into evidence, but the face of the man alleged to be defendant does not appear clearly on the video. Velez identified…