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PEOPLE v. PEREZ

77 N.Y.2d 928 (1991)

The People of the State of New York, Respondent, v. Edwin Perez, Appellant.

Court of Appeals of the State of New York.

Decided April 4, 1991.

Attorney(s) appearing for the Case

E. Joshua Rosenkranz for appellant.

Robert M. Morgenthau, District Attorney (Karen Heiss Eisen and Phyllis A. Monroe of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

We conclude that the trial court did not err in failing to grant defendant's request for an expanded charge on the evaluation of the identification evidence. Although we deem it "the better practice * * * to grant a defendant's request and give the expanded charge" when appropriate (People v Whalen, 59 N.Y.2d 273

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