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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1994
201 A.D.2d 685 (N.Y. App. Div. 1994)

Opinion

February 22, 1994

Appeal from the Supreme Court, Queens County (Beerman, J.).


Ordered that the judgment is affirmed.

The defendant asserts that the court's charge as to identification was inadequate in view of the fact that the only evidence against the defendant was an identification by the victim. We disagree. The trial court need not give a fact specific charge as to identification but may give a general instruction on weighing credibility and state that the identification must be proven beyond a reasonable doubt by the People (see, People v. Whalen, 59 N.Y.2d 273, 279; People v Nichols, 191 A.D.2d 518).

The defendant's remaining contention is unpreserved for appellate review. Thompson, J.P., Rosenblatt, Copertino and Hart, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1994
201 A.D.2d 685 (N.Y. App. Div. 1994)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRENCE SMITH…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 22, 1994

Citations

201 A.D.2d 685 (N.Y. App. Div. 1994)
607 N.Y.S.2d 978