Opinion
September 28, 1992
Appeal from the Supreme Court, Kings County (George, J.).
Ordered that the judgment is affirmed.
We find that any alleged deficiency in the court's marshaling of the evidence did not deprive the defendant of a fair trial (see, People v [Raymond] Williams, 156 A.D.2d 608; People v Scales, 121 A.D.2d 578). The defendant's position was made clear to the jury in the defense counsel's summation (see, People v Gray, 144 A.D.2d 483) and the court advised the jury that they were "the sole and exclusive judges of the facts" (People v Scales, supra, at 578; see, People v McDonald, 144 A.D.2d 701, 702). Furthermore, "the charge, taken as a whole, conveyed to the jury that the prosecutor had the burden of proving identification beyond a reasonable doubt" (People v Perez, 164 A.D.2d 839, 840, affd 77 N.Y.2d 928). Sullivan, J.P., Balletta, O'Brien and Copertino, JJ., concur.