Opinion
April 7, 1986
Appeal from the Supreme Court, Queens County (DiTucci, J.).
Judgment affirmed.
Contrary to the defendant's claim, the hearing court properly denied that branch of his omnibus motion which was to suppress the identification testimony inasmuch as there was nothing in the pretrial identification procedures so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification (see, People v. Logan, 25 N.Y.2d 184, cert denied 396 U.S. 1020; People v. Ballott, 20 N.Y.2d 600; People v Washington, 111 A.D.2d 418; People v. Russo, 109 A.D.2d 855). The defendant correctly argues on appeal that Detective Weiner should not have been allowed to testify at trial as to one of the eyewitness's lineup identification of the defendant, since such testimony constituted improper bolstering (see, People v Johnson, 57 N.Y.2d 969; People v. Caserta, 19 N.Y.2d 18; People v Trowbridge, 305 N.Y. 471, 476). However, the defendant having failed to raise any such objection at trial, failed to preserve his present claim for review (see, People v. Love, 57 N.Y.2d 1023; People v. West, 56 N.Y.2d 662). Reversal in the interest of justice is not appropriate in view of the "clear and strong" identification testimony of the two eyewitnesses (see, People v Johnson, 32 N.Y.2d 814, 816; People v. Mobley, 56 N.Y.2d 584).
Finally, we note that the prosecutor made the following improper comment during summation: "Now, contrary to what the Defense Counsel would have you believe, a trial is not a search for reasonable doubt. Plainly simply a trial is a search for truth. Not supposed to be sitting here trying to pick reasonable doubt out from everything that goes on [sic]." While we view with disfavor the attempt by the prosecutor to subvert the law relative to reasonable doubt (see, People v Robinson, 83 A.D.2d 887), we note that this error was not preserved for review and that the proof of the defendant's guilt was overwhelming. We have considered the defendant's other claims and find them to be without merit. Thompson, J.P., Bracken, Weinstein and Kunzeman, JJ., concur.