PEOPLE v. WILLIAMS


160 A.D.2d 828 (1990)

The People of the State of New York, Respondent, v. John Williams, Appellant

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

April 9, 1990


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the trial court properly declined to charge the jury with respect to the issue of identification. The record reveals that the defendant was apprehended by the police at the scene of the crime, at which time he was in possession of various personal items belonging to one of the victims. Under the circumstances presented, there was no issue necessitating a charge as to identification (

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