Opinion
2001-06853
Submitted March 6, 2003.
March 24, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered December 20, 2000, convicting him of criminal sale of a controlled substance in or near school grounds, criminal possession of a controlled substance in the third degree, and unlawful possession of marihuana, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Cheryl Williams of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Morris J. Fodeman of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the trial court erroneously issued an expanded identification charge is unpreserved for appellate review (see CPL 470.05; People v. Johnson, 293 A.D.2d 489). In any event, this charge was appropriate since the defendant asserted at trial that he was framed by the police and that he had been misidentified, and also called into question the accuracy and veracity of the identifying witnesses (see People v. Calderon, 185 A.D.2d 853; People v. Ruffino, 110 A.D.2d 198). Furthermore, the trial court did not unfairly marshal the evidence to the prejudice of the defendant (see People v. Saunders, 64 N.Y.2d 665, 667; People v. James, 194 A.D.2d 558, 559; People v. Erts, 138 A.D.2d 506, 508, affd 73 N.Y.2d 872).
The defendant's remaining contention is without merit.
ALTMAN, J.P., GOLDSTEIN, LUCIANO and H. MILLER, JJ., concur.