Opinion
June 15, 1999.
Appeal from the Supreme Court, Bronx County (Patricia Williams, J.).
The verdict was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning identification and credibility.
The court's identification charge, read as a whole ( see, People v. Gomez, 226 A.D.2d 296, lv denied 88 N.Y.2d 936), fairly instructed the jury on the correct principles of law to be applied to the case, and neither usurped the fact-finding function of the jury nor conveyed any opinion concerning the merits of the defense of misidentification. We have considered and rejected defendant's remaining claims.
Concur — Rosenberger, J.P., Tom, Rubin, Saxe and Buckley, JJ.