Opinion
July 31, 1995
Appeal from the Supreme Court, Queens County (Robinson, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the trial court failed to charge the jury on the issue of identification is unpreserved for appellate review (see, CPL 470.05; People v. Bynum, 70 N.Y.2d 858; People v. Bishop, 144 A.D.2d 476). In any event, the error, if any, was harmless. The evidence adduced at the trial did not present a close question on the issue of identification, and the charge adequately addressed the jury's duty to evaluate the credibility of the witnesses and the People's burden of proving the defendant's guilt beyond a reasonable doubt (see, People v. Evans, 183 A.D.2d 780; People v. Bishop, supra; cf., People v. Chandler, 120 A.D.2d 542).
The defense counsel's failure to move to suppress the defendant's pre-arrest statement to the police did not deprive the defendant of the effective assistance of counsel (see, People v. Rivera, 71 N.Y.2d 705; People v. Holley, 205 A.D.2d 638; People v. DeJesus, 192 A.D.2d 546).
The defendant's remaining contentions are without merit. Mangano, P.J., Thompson, Ritter and Florio, JJ., concur.