Opinion
January 23, 1990
Appeal from the Supreme Court, New York County (Michael Dontzin, J.).
The indictments were properly consolidated pursuant to CPL 200.20 (2) (b) and (c). Defendant is not persuasive that the court below abused its discretion either in the joinder or in denying defendant's motion to sever (see, People v. Lane, 56 N.Y.2d 1, 7-8). The acting in concert charge adequately instructed the jury as to accomplice liability. With respect to the identification charge, the court granted defendant's request for an expanded instruction (People v. Whalen, 59 N.Y.2d 273, 279) which adequately instructed the jury on weighing a witness's credibility and apprised the jury that identification must be proved beyond a reasonable doubt. Having failed to object to the supplemental instruction on identification, defendant has waived any appellate challenge to it as a matter of law (People v Contes, 60 N.Y.2d 620).
Concur — Murphy, P.J., Sullivan, Carro, Kassal and Wallach, JJ.