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PEOPLE v. SMITH

120 A.D.2d 625 (1986)

The People of the State of New York, Respondent, v. James Smith, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 12, 1986

Judgment affirmed.

The alleged error in the court's charge to the jury — failure to charge that the defendant's identification as the perpetrator of the crime must be proven beyond a reasonable doubt — was not preserved for appellate review (see, People v Nuccie, 57 N.Y.2d 818; People v Shaw, 112 A.D.2d 958). The record...

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