People v. Smith

Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court erred in admitting on redirect examination a prior consistent statement of Deputy Richards. We agree. A party may not bolster the testimony of his witness through the use of prior consistent statements unless the witness’s testimony has been attacked as a recent fabrication (People v Fagan, 104 AD2d 252, 256, affd 66 NY2d 815). Defendant’s cross-examination of Richards pointed out inconsistencies between his testimony and prior affidavit, but did not charge that the witness’s testimony was a recent fabrication;…