Opinion
February 14, 1991
Appeal from the Supreme Court, New York County (Stephen Crane, J.).
Defendant's argument that the trial court erred in failing to give a charge on identification is unpreserved. Moreover, we fail to see how defendant was prejudiced by this omission, as defendant was arrested moments after selling narcotics to an undercover police officer, and was arrested in possession of pre-recorded "buy" money. The charge that a reasonable doubt is a doubt for which a juror "can express a reason", and that the jury should apply the same reasoning "as you would and do apply to weighty and important matters involving your personal and business affairs," was not error. (People v Jackson, 155 A.D.2d 329, affd 76 N.Y.2d 908; People v Jones, 162 A.D.2d 204, lv denied 76 N.Y.2d 859; People v Malloy, 55 N.Y.2d 296, cert denied 459 U.S. 847.)
Concur — Sullivan, J.P., Carro, Wallach, Kupferman and Kassal, JJ.