People v. Perez
| Decision Date | 04 April 1991 |
| Citation | 77 N.Y.2d 928,572 N.E.2d 41,569 N.Y.S.2d 600 |
| Parties | , 572 N.E.2d 41 The PEOPLE of the State of New York, Respondent, v. Edwin PEREZ, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 164 A.D.2d 839, 559 N.Y.S.2d 727, should be affirmed.
We conclude that the trial court did not err in failing to grant defendant's request for an expanded charge on the evaluation of the identification evidence. Although we deem it "the better practice * * * to grant a defendant's request and give the expanded charge" when appropriate(People v. Whalen, 59 N.Y.2d 273, 279, 464 N.Y.S.2d 454, 451 N.E.2d 212), such a charge was not required in this case. It cannot be said that this case involved a "close question of identity" (id., at 278, 464 N.Y.S.2d 454, 451 N.E.2d 212). The evidence of defendant's identity included the testimony of a witness that defendant confessed to the crime and proof of the victim's personal knowledge of defendant, defendant and the victim having lived at the same residence for two years. The remaining issue, whether the trial court should have instructed the jury that defendant's identity had to be proven beyond a reasonable doubt, is not preserved for our review (see, People v. Jackson, 76 N.Y.2d 908, 563 N.Y.S.2d 42, 564 N.E.2d 652; People v. Karabinas, 63 N.Y.2d 871, 482 N.Y.S.2d 471, 472 N.E.2d 321).
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
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...requested the "generic" identification charge (see People v. Campbell, 142 A.D.3d 623, 624, 36 N.Y.S.3d 503 ; People v. Perez, 77 N.Y.2d 928, 569 N.Y.S.2d 600, 572 N.E.2d 41 ). In any event, the contention is without merit. The court's charge constituted a correct statement of the law which......
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