Opinion
June 26, 1995
Appeal from the County Court, Nassau County (Ain, J.).
Ordered that the judgment is affirmed.
Initially it is noted that the defendant's claim that the trial court's jury charge on identification was prejudicial was not preserved for appellate review (see, CPL 470.05; People v Udzinski, 146 A.D.2d 245). In any event, this contention is without merit. The County Court's instruction clearly conveyed that it was the jury's responsibility to assure that the defendant's identification was proven beyond a reasonable doubt (see, People v. Whalen, 59 N.Y.2d 273). Thompson, J.P., Pizzuto, Santucci and Florio, JJ., concur.