Opinion
December 28, 1987
Appeal from the County Court, Nassau County (Samenga, J.).
Ordered that the judgment is affirmed.
The warrantless search of the room the defendant shared with 12-year-old Rodney Moore in the apartment of Louise Moore was proper, as Louise Moore gave her consent to the police for their search (see, People v Adams, 53 N.Y.2d 1, 8, cert denied 454 U.S. 854; People v Cosme, 48 N.Y.2d 286, 290). The defendant failed to satisfy his burden of proof concerning his contention that the police influenced witness Nettie Tyson into identifying him in court as the man she saw shooting the decedent Robert Smith (see, People v Jackson, 108 A.D.2d 757), and the hearing court properly permitted that identification to be made.
The defendant's contention that the trial court's charge to the jury was inadequate was not preserved for appellate review (see, CPL 470.05), and in any event, is without merit (see, People v Whalen, 59 N.Y.2d 273, 279; People v Culhane, 45 N.Y.2d 757, 758, cert denied 439 U.S. 1047; People v Beasley, 114 A.D.2d 415, 416, lv denied 66 N.Y.2d 917).
Under the facts of this case, where the defendant shot the victim four times at close range, the trial court correctly denied the defendant's request that the lesser included offenses of manslaughter in the first degree and second degree be submitted to the jury (see, People v Green, 56 N.Y.2d 427, 430, rearg denied 57 N.Y.2d 775; People v Chun Huen Lam, 131 A.D.2d 584; People v Flores, 113 A.D.2d 899, lv denied 66 N.Y.2d 919).
The issues raised by the defendant in his supplemental pro se brief are either unpreserved for appellate review, or without merit. Mollen, P.J., Lawrence, Weinstein and Kooper, JJ., concur.