From Casetext: Smarter Legal Research

People v. Williams

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1995
215 A.D.2d 515 (N.Y. App. Div. 1995)

Opinion

May 8, 1995

Appeal from the Supreme Court, Queens County (Flug, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the trial court erred by failing to give the jury an expanded identification charge is without merit. Under the facts of this case, the trial court's instructions to the jury regarding the identification of the defendant, which included the factors to be considered in evaluating the witnesses' credibility and the prosecution's burden of proving identity beyond a reasonable doubt, were proper (see, People v Whalen, 59 N.Y.2d 273; People v Syshawn, 200 A.D.2d 778; People v Boykin, 197 A.D.2d 585).

The defendant's contention that the sentencing court should have waived the mandatory surcharge is premature at this time (see, People v Burke, 204 A.D.2d 345).

We have reviewed the defendant's remaining contentions and find them to be without merit. Sullivan, J.P., O'Brien, Thompson and Hart, JJ., concur.


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1995
215 A.D.2d 515 (N.Y. App. Div. 1995)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES WILLIAMS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 8, 1995

Citations

215 A.D.2d 515 (N.Y. App. Div. 1995)
627 N.Y.S.2d 574

Citing Cases

People v. Love

Whether the charge is appropriate in an individual case is a matter for the Trial Judge's discretion ( see,…