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People v. Appleton

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1993
189 A.D.2d 878 (N.Y. App. Div. 1993)

Opinion

January 25, 1993

Appeal from the County Court, Rockland County (Nelson, J.).


Ordered that the judgment is affirmed.

The defendant contends that he was deprived of a fair trial because the testimony of a backup police officer bolstered the testimony of the undercover officer who had purchased narcotics from the defendant. Any error in the admission of such bolstering testimony must be deemed harmless in light of the ample opportunity which the undercover officer had to observe the defendant during the commission of the crime and the undercover officer's strong identification testimony (see, People v Franklin, 181 A.D.2d 790; People v. McGill, 183 A.D.2d 730; People v. Johnson, 57 N.Y.2d 969). The undercover officer testified that he had seen the defendant five or six times prior to the sale, knew his street name, and engaged in two separate face-to-face transactions with the defendant.

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Mangano, P.J., Rosenblatt, Ritter and Santucci, JJ., concur.


Summaries of

People v. Appleton

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1993
189 A.D.2d 878 (N.Y. App. Div. 1993)
Case details for

People v. Appleton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT APPLETON, Also…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 25, 1993

Citations

189 A.D.2d 878 (N.Y. App. Div. 1993)

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