People v. Lee
Cases that cite this one
6 later published cases cite this decision.
- People v. Holmes (Appellate Division of the Supreme Court of New York 2018)
- People v. Speaks (Appellate Division of the Supreme Court of New York 2015)
- People v. Jones (Appellate Division of the Supreme Court of New York 2008)
- People v. Ramirez (Appellate Division of the Supreme Court of New York 2018)
- People v. Rankins (Appellate Division of the Supreme Court of New York 2011)
- People v. Clark (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.), rendered November 21, 2002, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.
The defendant has not preserved for appellate review his contentions that the prosecutor improperly elicited testimony from a detective stating that he arrested the defendant immediately after the defendant was identified in a lineup by the
The detective’s testimony implicitly bolstered the complainant’s testimony by providing official confirmation of the complainant’s identification of the defendant (see People v Trowbridge, 305 NY 471 [1953]; People v Fields, 309 AD2d 945 [2003] and cases cited therein). A violation of the rule against bolstering may not be overlooked except where the evidence of identity is so strong that there is no serious issue upon that point (see People v Fields, supra). Here, the evidence that the defendant committed the crime was not so overwhelming as to render the error harmless. Florio, J.P., Schmidt, Adams and Cozier, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.