PEOPLE v. GOMEZ (1997)

Judgment, Supreme Court, Bronx County (Eugene Oliver, J.), rendered September 19, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and seventh degrees, and sentencing him, as a second felony offender, to concurrent prison terms of 6 to 12 years, 6 to 12 years and 1 year, respectively, unanimously affirmed.

 The trial court properly exercised its discretion in limiting the cross-examination of the arresting and undercover officers with respect to the details of unrelated arrests (see, People v. Sorge, 301 N.Y. 198, 93 N.E.2d 637;  People v. Batista, 233 A.D.2d 195, 650 N.Y.S.2d 103;  People v. Johnson, 228 A.D.2d 389, 644 N.Y.S.2d 623, lv denied 88 N.Y.2d 1022, 651 N.Y.S.2d 21, 673 N.E.2d 1248), which lacked sufficient spatial and temporal connection to defendant's arrest (compare, People v. Terry, 209 A.D.2d 257, 618 N.Y.S.2d 712, lv denied 85 N.Y.2d 914, 627 N.Y.S.2d 337, 650 N.E.2d 1340).

 Any error in permitting the arresting officer to state that the defendant and his cohorts “fit the description” given by the undercover officer was harmless in light of the strength of the identification testimony (see, People v. Johnson, 57 N.Y.2d 969, 457 N.Y.S.2d 230, 443 N.E.2d 478).  Defendant's related bolstering arguments are without merit (see, People v. Hagar, 216 A.D.2d 119, 120, 629 N.Y.S.2d 392, lv denied 86 N.Y.2d 795, 632 N.Y.S.2d 508, 656 N.E.2d 607;  People v. Velez, 189 A.D.2d 572, 592 N.Y.S.2d 590, lv denied 81 N.Y.2d 891, 597 N.Y.S.2d 953, 613 N.E.2d 985).

MEMORANDUM DECISION.