Legal Opinion

People v. Mikel

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1995Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: The testimony of the arresting officer concerning complainant’s description of defendant’s clothing did not constitute bolstering (see, People v Spencer, 212 AD2d 645, lv denied 86 NY2d 741; People v Castro, 174 AD2d 378, lv denied 78 NY2d 1074). Even assuming, arguendo, that the evidence was improperly admitted, its admission was harmless (see, People v Johnson, 57 NY2d 969, 970).

Evidence that defendant struggled with police when he was arrested was properly admitted because its probative value exceeded any prejudice to defendant (see, People v…

2Cases cited4 opinions

  1. People v. AlvinoNew York Court of Appeals · 1987
  2. People v. JohnsonNew York Court of Appeals · 1982
  3. People v. SpencerAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. CastroAppellate Division of the Supreme Court of the State of New York · 1991

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