PEOPLE v. GOUSSE (2007)

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Carter, J.), rendered April 19, 2006, convicting him of murder in the first degree, attempted robbery in the first degree, and criminal impersonation in the first degree, upon a jury verdict, and imposing sentence.   The appeal brings up for review the denial, after a hearing (Kase, J.), of that branch of the defendant's omnibus motion which was to suppress identification evidence.

ORDERED that the judgment is affirmed.

The hearing court properly denied that branch of the defendant's motion which was to suppress identification evidence (see People v. Carroll, 200 A.D.2d 630, 606 N.Y.S.2d 734;  People v. Jones, 171 A.D.2d 757, 758, 567 N.Y.S.2d 311;  People v. Young, 167 A.D.2d 366, 562 N.Y.S.2d 446;  People v. Allah, 158 A.D.2d 605, 606, 551 N.Y.S.2d 577).

The defendant's contention that the detective's testimony regarding the lineup improperly bolstered the witness's identification testimony (see People v. Trowbridge, 305 N.Y. 471, 113 N.E.2d 841) is not preserved for appellate review (see CPL 470.05[2];  People v. Norris, 5 A.D.3d 796, 797, 773 N.Y.S.2d 591;  People v. White, 210 A.D.2d 271, 619 N.Y.S.2d 969), and we decline to review it in the exercise of our interest of justice jurisdiction.

Evidence of the defendant's conviction arising from his involvement in the “1998 Staples case” was properly admitted to establish his identity as the perpetrator of the instant crime (see People v. Ventimiglia, 52 N.Y.2d 350, 359, 438 N.Y.S.2d 261, 420 N.E.2d 59;  People v. Molineux, 168 N.Y. 264, 313, 61 N.E. 286;  People v. Manino, 306 A.D.2d 542, 761 N.Y.S.2d 850;  People v. Cornish, 280 A.D.2d 552, 553, 720 N.Y.S.2d 388;  People v. Balazs, 258 A.D.2d 658, 659, 685 N.Y.S.2d 782).   Likewise, the court properly exercised its discretion with respect to its various Sandoval rulings (see People v. Sandoval, 34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413;  People v. Walker, 35 A.D.3d 512, 826 N.Y.S.2d 142, lv. denied 8 N.Y.3d 928, 834 N.Y.S.2d 518, 866 N.E.2d 464;  People v. Taylor, 18 A.D.3d 783, 784, 794 N.Y.S.2d 919).

The defendant's remaining contention is without merit.