Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, First DepartmentOct 27, 1992
186 A.D.2d 490 (N.Y. App. Div. 1992)

October 27, 1992

Appeal from the Supreme Court, Bronx County (Phylis Skloot Bamberger, J.).

Defendant's claim that he was denied a fair trial by the trial court's refusal to give the specific supplemental charge requested to "balance" the jury charge on identification factors is unpreserved, as defendant did not object to the court's proposed supplemental charge, or to the supplemental charge as given (CPL 470.05). In any event, the trial court's full charge on identification, including general factors to be considered in evaluating identification testimony, taken together with its repeated instruction that the jury carefully consider the sufficiency of the evidence presented, and its supplemental charge that the jury carefully consider all testimony relevant to identification, adequately conveyed the appropriate legal standards (see, People v Bell, 38 N.Y.2d 116, 120).

Concur — Carro, J.P., Milonas, Ellerin and Asch, JJ.