Appellate Division of the Supreme Court of New York, 1989

People v. Payton

People v. Payton
Appellate Division of the Supreme Court of New York · Decided July 12, 1989
152 A.D.2d 933; 544 N.Y.S.2d 527; 1989 N.Y. App. Div. LEXIS 9793
People v. Payton

Opinion of the Court

Judgment unanimously affirmed. Memorandum: The error in permitting the police officers to bolster the identification testimony of the victim was harmless. The proof of defendant’s guilt was overwhelming and there was no significant probability that, absent this error, the jury’s verdict would have been different (see, People v Crimmins, 36 NY2d 230). (Appeal from judgment of Erie County Court, D’Amico, J. — robbery, second degree; grand larceny, fourth degree.) Present — Doerr, J. P., Denman, Boomer, Green and Pine, JJ.

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