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PEOPLE v. HATTAN

149 A.D.2d 531 (1989)

The People of the State of New York, Respondent, v. Randell Hattan, Appellant

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

April 10, 1989

Ordered that the judgment is affirmed.

The defendant's contention that the court failed to give the minimal charge on identification warranted by the evidence is not preserved for appellate review. Reviewing the contention in the exercise of our interest of justice jurisdiction, we agree that the charge should have stated that the People have the burden of proving identification beyond a reasonable doubt (see, People v Whalen, 59 N.Y...

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