D. Bolstering

JurisdictionNew York

D. Bolstering

Where a witness testifies to identifying the accused during an identification procedure, third parties are forbidden to bolster that identification by also testifying to the witness's identification of the accused.345 However, under CPL § 60.25, where a witness who has previously identified the defendant at an identification procedure is unable to make an in-court identification, a third party will be permitted to testify that the witness identified the accused at the prior identification procedure.346

Despite the prohibition against bolstering, case law has carved out an exception where the witness gave a description of the perpetrator...

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