Opinion
April 14, 1986
Appeal from the Supreme Court, Queens County (DiTucci, J.).
Judgment affirmed.
The defendant did not make any requests to charge, nor did he register any objections to the court's charge as given, even though such requests and objections were solicited by the court. Thus, he plainly failed to preserve for appellate review his present contention that the court erred in not giving a special charge on how to assess the identification testimony (People v Scott, 108 A.D.2d 882, 883; People v. McLaughlin, 104 A.D.2d 829, 830). Review in the interest of justice is unwarranted in this case, where there was substantial evidence of the defendant's guilt independent of the identification testimony, and the defendant presented no alibi defense (see, People v Smith, 100 A.D.2d 857, 858). Lazer, J.P., Niehoff, Kooper and Spatt, JJ., concur.