Legal Opinion

People v. Montes

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

Decided April 14, 1989Published

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: The court erred by allowing two police officer witnesses to testify that, after speaking with eyewitnesses to a fatal shooting, they issued an order for defendant’s arrest. This testimony indirectly bolstered the identification of defendant and was improper (see, People v Holt, 67 NY2d 819, 821; People v Faison, 126 AD2d 739; People v Vasquez, 120 AD2d 757, Iv denied 68 NY2d 760; People v Felder, 108 AD2d 869; People v Brown, 91 AD2d 639, 640; cfi, People v Brown, 115 AD2d 485, Iv denied 67 NY2d 760). However, in light of the "clear and strong”…

2Cases cited8 opinions

  1. People v. JohnsonNew York Court of Appeals · 1982
  2. People v. HoltNew York Court of Appeals · 1986
  3. People v. MobleyNew York Court of Appeals · 1982
  4. People v. VasquezAppellate Division of the Supreme Court of the State of New York · 1986
  5. People v. FelderAppellate Division of the Supreme Court of the State of New York · 1985

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