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PEOPLE v. RODRIGUEZ

161 A.D.2d 469 (1990)

The People of the State of New York, Respondent, v. Abraham Rodriguez, Appellant

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

May 22, 1990

It is alleged that defendant and one other, Gabriel Ayala, participated in the armed robbery of a shopkeeper. Defendant contends he was denied a fair trial when the court did not charge the jury on the evaluating of the identification testimony.

Only in cases where there is some issue presented as to identification is it necessary for the court to instruct "the jury to focus on both the accuracy and veracity of identification...

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