PEOPLE v. FLOYD


150 A.D.2d 486 (1989)

The People of the State of New York, Respondent, v. Emanuel Floyd, Appellant

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

May 8, 1989


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court did not err in refusing to give the requested "Daniels-type" charge on identification (see, People v Daniels, 88 A.D.2d 392; 1 CJI[NY] 10.01 part A). Because the defendant was known to the two witnesses that identified him at trial, the question of the defendant's guilt turned on the credibility of those witnesses and not...

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