| People v Gousse |
| 2007 NY Slip Op 06715 [43 AD3d 958] |
| September 11, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Reginald Gousse, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Douglas Nollof counsel), for respondent.
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 thefirst degree, and criminal impersonation in the first degree, upon a jury verdict, and imposingsentence. The appeal brings up for review the denial, after a hearing (Kase, J.), of that branch ofthe 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 tosuppress identification evidence (see People v Carroll, 200 AD2d 630 [1994]; Peoplev Jones, 171 AD2d 757, 758 [1991]; People v Young, 167 AD2d 366 [1990];People v Allah, 158 AD2d 605, 606 [1990]).
The defendant's contention that the detective's testimony regarding the lineup improperlybolstered the witness's identification testimony (see People v Trowbridge, 305 NY 471[1953]) is not preserved for appellate review (see CPL 470.05 [2]; People v Norris, 5 AD3d 796, 797[2004]; People v White, 210 AD2d 271 [1994]), and we decline to review it in theexercise of our interest of justice jurisdiction.
Evidence of the defendant's conviction arising from his involvement in the "1998 Staplescase" was properly admitted to establish his identity as the perpetrator of the instant crime(see People v Ventimiglia, 52 NY2d 350, 359 [1981]; People v Molineux, 168NY 264, 313 [1901]; People v [*2]Manino, 306 AD2d542 [2003]; People v Cornish, 280 AD2d 552, 553 [2001]; People v Balazs, 258AD2d 658, 659 [1999]). Likewise, the court properly exercised its discretion with respect to itsvarious Sandoval rulings (see People v Sandoval, 34 NY2d 371 [1974]; People v Walker, 35 AD3d 512[2006], lv denied 8 NY3d 928 [2007]; People v Taylor, 18 AD3d 783, 784 [2005]).
The defendant's remaining contention is without merit. Crane, J.P., Goldstein, Dillon andCarni, JJ., concur.