Opinion
October 24, 1994
Appeal from the Supreme Court, Kings County (Brill, J.).
Ordered that the judgment is affirmed.
The court did not unfairly marshal the evidence during its charge. The court referred to the evidence to the extent necessary to explain the application of legal principles to the factual issues in the case (see, CPL 300.10). In addition, the court referred to the defendant's main contention that the complainant misidentified the defendant (see, People v. Ivery, 189 A.D.2d 895). Considering the charge as a whole, we find that it was proper.
The defendant's remaining contentions are either without merit or do not require reversal. Pizzuto, J.P., Santucci, Hart and Goldstein, JJ., concur.