Legal Opinion

People v. Johnson

New York Court of Appeals

Decided November 9, 1982PublishedCited by 269 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

It was error to have admitted, over timely and specific objection, the testimony of the victim’s companion explicitly bolstering, and the testimony of two police officers implicitly bolstering, the victim’s identification of defendant (People v Trowbridge, 305 NY 471). The People, acknowledging the error, argue that defendant’s conviction should be affirmed inasmuch as the error was harmless. We agree.

Harmless error analysis proceeds in two stages. First, “unless the proof of the defendant’s guilt, without…

2Cases cited3 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. TrowbridgeNew York Court of Appeals · 1953
  3. People v. MobleyNew York Court of Appeals · 1982

3Cited by269 opinions

  1. People v. HoltNew York Court of Appeals · 1986
  2. People v. McEathronAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. Benjamin R.Appellate Division of the Supreme Court of the State of New York · 1984
  4. People v. MoralesAppellate Division of the Supreme Court of the State of New York · 1996
  5. People v. KnowellAppellate Division of the Supreme Court of the State of New York · 1983

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