Opinion
May 21, 1998
Appeal from the Supreme Court, New York County (Bonnie Wittner, J.).
Testimony by a police officer about a conversation two years before the instant robbery in which defendant stated that he was a friend of an individual, later identified as one of the perpetrators of the instant robbery, was properly admitted to establish defendants identity since acquaintances are more likely than strangers to commit robbery together ( see, People v. Laster, 241 A.D.2d 306, lv denied 90 N.Y.2d 941; People v. Hurd, 160 A.D.2d 199, lv denied 76 N.Y.2d 789). The probative value of this testimony outweighed any speculative prejudicial effect, particularly since nothing in the officers account of the prior conversation implied that defendant had a criminal background.
Concur — Rosenberger, J.P., Wallach, Tom and Saxe, JJ.