Opinion
May 12, 1986
Appeal from the Supreme Court, Kings County (Lombardo, J.).
Judgment affirmed.
Contrary to the defendant's claim, his guilt was proven beyond a reasonable doubt. We further reject the defendant's claim that the court erred in not making a threshold inquiry into the reliability of the identification testimony, inasmuch as the accuracy of identification testimony presents an issue of fact for jury resolution, and may not be determined on a motion to suppress (see, People v Dukes, 97 A.D.2d 445). The defendant's objections to the trial court's charge are unpreserved for appellate review. In any event, the charge on intent was correct (see, People v Getch, 50 N.Y.2d 456), and the court properly charged the jury with respect to the lesser included offense of manslaughter in the first degree (see, CPL 300.50). Eiber, J.P., Kunzeman, Kooper and Spatt, JJ., concur.