PEOPLE v. BLACKWELL


177 A.D.2d 952 (1991)

The People of the State of New York, Respondent, v. Samuel Blackwell, Appellant

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

November 15, 1991


Judgment unanimously affirmed.

Memorandum:

We reject defendant's argument that the court's marshaling of the evidence in its instructions on identification unfairly prejudiced defendant. The court did not unfairly marshal the evidence, but properly brought to the jury's attention the matters it should have considered in determining the reliability of the identification testimony.

The court's questioning of the rebuttal witness was proper because it...

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