People v. Smith, 22 N.Y.3d 462 (2013)
A police officer’s testimony regarding a crime victim’s description of an attacker, given shortly after the crime, is admissible under the *Huertas* rule, provided it does not mislead the jury.
Summary
The case addresses whether a police officer’s testimony about a crime victim’s description of their attacker is admissible as evidence. The defendant was convicted of robbery, and the victim, Velez, identified the defendant at trial and testified about the description he gave to the police. Two police officers also testified, over objection, about Velez’s description. The Court of Appeals held that the officers’ testimony was admissible under the Huertas rule, which allows testimony about a witness’s description of the offender to assist the jury in evaluating the witness’s opportunity to observe and the reliability of their memory. The court reasoned that a statement that is not hearsay when the declarant testifies to it does not become hearsay when someone else does so, emphasizing the trial court’s discretion to exclude unduly prejudicial evidence.
Facts
Hector Velez was robbed by two men. A video recording of the robbery was admitted into evidence, but the face of the alleged perpetrator was unclear. Velez identified the defendant, Smith, as one of the robbers at trial. Velez testified that he described the attacker to the police as a black man, about 5’6, with short hair, a round face, and thick eyebrows, wearing a white shirt. The description matched the defendant. However, Velez later corrected his description of the shirt color after seeing the video. Two police officers also testified, over objection, about the description Velez provided on the night of the crime, corroborating Velez’s account.
Procedural History
The defendant was convicted of robbery. He appealed to the Appellate Division, arguing that the officers’ testimony improperly bolstered the victim’s testimony. The Appellate Division affirmed the conviction, deeming the argument unpreserved and meritless. The Court of Appeals granted leave to appeal.
Issue(s)
Whether a police officer’s testimony about a crime victim’s description of the perpetrator, given to the police shortly after the crime, is admissible under the rule established in People v. Huertas.
Holding
Yes, because a statement that is not hearsay when the declarant testifies to it does not become hearsay when someone else does so, and the testimony assists the jury in evaluating the witness’s opportunity to observe and the reliability of their memory. This is subject to the trial court’s discretion to exclude evidence that is more prejudicial than probative.
Court’s Reasoning
The Court of Appeals relied on its prior decision in People v. Huertas, which held that a crime victim’s testimony regarding their own description of the attacker is admissible because it is not hearsay; it is offered to assist the jury in evaluating the witness’s opportunity to observe and the reliability of their memory. The Court extended this rule to allow police officer testimony about the victim’s description, reasoning that a statement does not become hearsay simply because someone other than the declarant testifies to it.
The Court distinguished this situation from prior consistent statements that are inadmissible bolstering, as discussed in People v. Trowbridge and People v. Caserta, which involved prior identifications of the defendant by an eyewitness. Those cases held that testimony by one witness to a previous identification of the defendant by another witness is generally inadmissible. However, the Court emphasized that Huertas treated the description as non-hearsay, not an exception to the hearsay rule.
The court cautioned that this holding should not be interpreted as a license to present redundant police testimony that serves no useful purpose and recognized the trial court’s discretion to exclude evidence that is more prejudicial than probative. The court stated that “[a] court retains discretion to exclude evidence of prior consistent statements when it reasonably finds that evidence to be more prejudicial than probative.” In this particular case, the Court found that the officers’ brief recitation of Velez’s description was not likely to create a false impression of overwhelming corroboration and, therefore, was not prejudicial to the defendant.