Opinion
September 24, 1992
Appeal from the Supreme Court, New York County (Stephen G. Crane, J.).
In this case, where credibility and not identification was the major issue, the trial court had no obligation to, sua sponte, give a detailed jury charge on identification (see, People v Whalen, 59 N.Y.2d 273, 279). The trial court's full jury charges regarding credibility and burden of proof as to each defendant and each element of the crimes charged (recharged as requested by the jury), taken as a whole, adequately conveyed to the jury that the prosecutor had the burden of proving identification beyond a reasonable doubt (see, People v Perez, 164 A.D.2d 839, 840, affd 77 N.Y.2d 928). We have considered defendant's additional arguments and find them to be both unpreserved (CPL 470.05) and without merit.
Concur — Wallach, J.P., Kupferman, Asch and Rubin, JJ.