People v. Blackman, 43 N.Y.2d 585 (1978)

Improper bolstering of a witness’s identification testimony by police officers is harmless error when the evidence of the defendant’s identity and guilt is overwhelming.

Summary

Defendants Blackman and Williams were convicted of robbery and weapons charges. At trial, three police officers testified that the victim identified the defendants shortly after the robbery. The New York Court of Appeals held that this testimony improperly bolstered the victim’s identification, violating established rules of evidence. However, the Court affirmed the convictions, finding the error harmless because the other evidence against the defendants, including their physical description matching the robbers, their presence in an apartment where the perpetrators fled, and the discovery of a matching weapon, was overwhelming. This holding illustrates the application of the harmless error doctrine in cases involving improper bolstering of identification testimony.

Facts

A man was beaten and robbed on a Bronx street. An eyewitness described the robbers as one tall and one short and heavyset. The robbers fled into a nearby building. Police apprehended Blackman and Williams in an apartment in the same building. A third man, whom the victim also identified as being with the defendants before the robbery, was also present. The apartment owner testified that the defendants and the third man had left the apartment for about 30 minutes, coinciding with the robbery, and returned with money that they gave her to buy liquor. A gun matching the description of the weapon used in the robbery was found near one of the defendants hiding under a bed.

Procedural History

The defendants were convicted of robbery in the first degree in a jury trial. Blackwell was also convicted of criminal possession of a weapon and reckless endangerment. The defendants appealed, arguing that the trial court erred in admitting the police officers’ testimony that bolstered the victim’s identification. The Appellate Division affirmed the convictions. The case then went to the New York Court of Appeals.

Issue(s)

Whether the trial court committed reversible error by admitting testimony from police officers that improperly bolstered the victim’s identification of the defendants.

Holding

No, because the error in admitting the bolstering testimony was harmless due to the overwhelming evidence of the defendants’ identification and guilt.

Court’s Reasoning

The Court acknowledged that the police officers’ testimony, describing the victim pointing to the defendants shortly after the robbery, improperly bolstered the victim’s identification. The court cited People v. Trowbridge, 305 N.Y. 471, emphasizing that such bolstering testimony should be excluded, regardless of whether it involves oral statements or gestures. However, the Court applied the harmless error doctrine, stating that a Trowbridge error is harmless when “the evidence of identity is so strong that there is no substantial issue on the point” (People v. Malloy, 22 NY2d 559, 567), or when the identification is “clear and strong” (People v. Johnson, 32 NY2d 814, 816). The Court found that the circumstantial evidence strongly confirmed the victim’s identification. The defendants matched the physical descriptions provided by an eyewitness. They were found in an apartment in the building where the robbers fled. A third man identified by the victim was also present. The apartment owner’s testimony placed the defendants at the scene of the crime at the time of the robbery. The matching gun was found near one of the defendants. Considering these facts, along with the victim’s opportunity to observe and prior sightings of one defendant, the Court concluded that the evidence of identification and guilt was overwhelming, rendering the error harmless. The court reasoned that when the other evidence is so strong the bolstering is not prejudicial.