Opinion
January 19, 1995
Appeal from the Supreme Court, New York County (Felice Shea, J.).
The trial court gave a fair and balanced interested witness charge by instructing that defendant was an interested witness as a matter of law and that the jury was free to find, as a matter of fact, that any of the prosecution's witnesses were also interested witnesses (People v. Bowden, 198 A.D.2d 39). While defendant's testimony that he was coerced into making a written confession could potentially subject the police officers to disciplinary and perjury charges and civil law suits, it nevertheless provided no basis for singling them out as interested witnesses as a matter of law (see, People v. Pizarro, 190 A.D.2d 634, lv denied 81 N.Y.2d 1018).
Concur — Ellerin, J.P., Ross, Williams and Tom, JJ.