Opinion
November 22, 1994
Appeal from the Supreme Court, Bronx County (Edward Davidowitz, J.).
Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt of the crimes charged was proven beyond a reasonable doubt (People v. Bleakley, 69 N.Y.2d 490). Explanations regarding fully explored discrepancies within the complainant's identification testimony were properly before the jury for its consideration, and its determinations, not unreasonable, will not be disturbed by this Court (People v. Siu Wah Tse, 91 A.D.2d 350).
The trial court's charge to the jury on identification, which included factors to be considered in determining the reliability of identification testimony, brought to the jury's attention major contentions raised by the prosecution and the defense in connection with a lineup identification, and instructed the jury to consider all issues regarding identification explored in detail during trial by the respective parties, did not prejudice defendant in any way (see, People v. Culhane, 45 N.Y.2d 757, 758, cert denied 439 U.S. 1047).
Concur — Sullivan, J.P., Ellerin, Kupferman and Williams, JJ.