Opinion
September 28, 1987
Appeal from the Supreme Court, Kings County (Kramer, J.).
Ordered that the judgment is affirmed.
The defendant contends that he was denied a fair trial because of extensive testimony at the trial concerning his pretrial identification. However, the Trial Judge properly permitted police testimony concerning the lineup for the purpose of rebutting the defendant's suggestion that the eyewitness Kubiak was not credible and that the lineup was not properly conducted (see, People v. Melendez, 55 N.Y.2d 445; People v. Trowbridge, 305 N.Y. 471). Moreover, since the evidence of the defendant's presence in the getaway car and his identification by Kubiak were so compelling, there is no significant probability that the jury would have acquitted him but for the claimed improper evidence, and any error as a result of the admission of the testimony concerning the lineup was harmless (see, People v. Johnson, 57 N.Y.2d 969; People v. Crimmins, 36 N.Y.2d 230, 242).
Finally, viewing the court's charge as a whole, the jury was properly instructed about the rules to be applied in arriving at its verdict, and none of the claimed errors warrant reversal of the defendant's conviction (see, People v. Canty, 60 N.Y.2d 830, 832; People v. Jackson, 45 A.D.2d 828, affd 39 N.Y.2d 64). Mangano, J.P., Bracken, Kunzeman and Harwood, JJ., concur.