Opinion
July 16, 1992
Appeal from the Supreme Court, New York County (Paul P.E. Bookson, J.).
While the trial court's charge on identification was minimal it was sufficient in view of the court's general instruction on weighing the credibility of witnesses (see, People v. Whalen, 59 N.Y.2d 273, 279), as well as the emphasis placed on the issue of identification in the summations of both sides. Moreover, the evidence was overwhelming. However, the trial court improperly denied defense counsel's request for 24-hour adjournment to enable her to review the presentence report (CPL 390.50). Defense counsel did not waive the 24-hour period mandated by statute, and having raised questions concerning the accuracy of the presentence report, she should have been given a reasonable opportunity to refute the report in her own presentence memorandum (People v. Ranieri, 43 A.D.2d 1012; CPL 390.40). Accordingly, the sentence is vacated and the case is remanded for resentencing.
Concur — Sullivan, J.P., Milonas, Kupferman, Ross and Smith, JJ.