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PEOPLE v. HERRALL
Appellate Division of the Supreme Court of New York, First Department.
Mar 16, 1999
Defendant's cross-examination of the officer opened the door to the challenged redirect examination and a prior statement was properly admitted to rebut defendant's suggestion of a specific recent fabrication occurring during the trial. In any event, were we to find any error in the receipt of this testimony, we would find such error to be harmless in light of the overwhelming evidence of defendant's guilt ( see, People v. Johnson, 213 A.D.2d 241, lv denied 86 N.Y.2d 782).
Concur — Sullivan, J. P., Rosenberger, Tom and Lerner, JJ.
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