Opinion
August 4, 1986
Appeal from the Supreme Court, Kings County (Golden, J.).
Judgment affirmed.
We find that the defendant voluntarily consented to be represented by his codefendant's attorney at his lineup and that there was no significant likelihood of a conflict of interest arising out of that joint representation; therefore, the defendant's right to counsel at his court-ordered lineup was not violated (see, People v Coleman, 43 N.Y.2d 222, 226; People v Gomberg, 38 N.Y.2d 307, 313-314; People v Cruz, 101 A.D.2d 841, affd 63 N.Y.2d 848). Although the attorney inadvertently placed into the defendant's lineup two of the stand-ins from his codefendant's lineup which the complainant had just viewed, in effect converting a five-man lineup into a three-man lineup, the totality of the circumstances supports the hearing court's finding of no undue suggestiveness (see, People v Norris, 122 A.D.2d 82; People v Wright, 112 A.D.2d 179). In any case, the complainant had a sufficient opportunity to observe the defendant during the crime and her in-court identification was, therefore, admissible (see, People v Lloyd Winston G., 45 N.Y.2d 962, 964).
The defendant's objections to the court's ruling pursuant to People v Sandoval ( 34 N.Y.2d 371) are without merit since the prior convictions which the court refused to exclude as a subject of cross-examination of the defendant if he testified (robbery, petit larceny and criminal possession of stolen property) were directly probative as to his credibility, since those convictions involved acts of individual dishonesty and untrustworthiness (see, People v Sandoval, supra, at p 377; People v Torres, 110 A.D.2d 794).
Lastly, we reject the defendant's contention that a police report containing a composite description of the perpetrators not attributable to any specific witness should have been admitted in evidence as a prior inconsistent statement. The report was properly excluded as hearsay (Richardson, Evidence §§ 200-201 [Prince 10th ed; People v Sostre, 70 A.D.2d 40, affd 51 N.Y.2d 958). Weinstein, J.P., Niehoff, Lawrence and Eiber, JJ., concur.