Opinion
February 3, 1995
Appeal from the Niagara County Court, Hannigan, J.
Present — Green, J.P., Wesley, Callahan, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: County Court's description of the trial as a "search for the truth" is not contained within that part of the charge setting forth the People's burden of proof; the court's instructions concerning the People's burden of proof, as a whole, conveyed the proper standard (see, People v. Simpson, 178 A.D.2d 500, lv denied 79 N.Y.2d 923; see also, People v. Reed, 212 A.D.2d 962 [decided herewith]). The court's charge on identification was proper; the court instructed the jury concerning both the People's burden of proving identification beyond a reasonable doubt, and the general factors relevant to an evaluation of the veracity of the witness and accuracy of his observations (see, People v. Whalen, 59 N.Y.2d 273, 279; People v. Pena, 201 A.D.2d 676, 677, lv denied 83 N.Y.2d 1006).