Opinion
July 7, 1997
Appeal from the County Court, Suffolk County (Weissman, J.).
Ordered that the judgment is affirmed.
The County Court's denial of that branch of the defendant's omnibus motion which was to suppress physical evidence was proper. The defendant's supporting papers merely contained conclusory allegations which were insufficient to raise any factual issues to be resolved at a hearing ( see, CPL 710.60 [b]; People v. Mendoza, 82 N.Y.2d 415).
The trial court's Sandoval ruling, inter alia, permitting the prosecutor to cross-examine the defendant concerning his prior conviction of attempted assault in the first degree was not an improvident exercise of discretion. The offense was relevant to the defendant's credibility and his willingness to put his interests above those of society ( see, People v. Melvin, 223 A.D.2d 604; People v. Garner, 190 A.D.2d 994; People v. Byrd, 173 A.D.2d 549; People v. Noeth, 162 A.D.2d 724).
The defendant failed to preserve for appellate review his challenge to the second count of the indictment ( see, CPL 210.20, 210.25; People v. Iannone, 45 N.Y.2d 589, 600-601; People v. Warden, 170 A.D.2d 469), and we decline to reach this issue in the exercise of our interest of justice jurisdiction ( see, CPL 470.15).
The defendant's remaining contentions are without merit.
Bracken, J. P., Copertino, Santucci and McGinity, JJ., concur.