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PEOPLE v. SMITH

201 A.D.2d 685 (1994)

607 N.Y.S.2d 978

The People of the State of New York, Respondent, v. Terrence Smith, Appellant

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

February 22, 1994

Ordered that the judgment is affirmed.

The defendant asserts that the court's charge as to identification was inadequate in view of the fact that the only evidence against the defendant was an identification by the victim. We disagree. The trial court need not give a fact specific charge as to identification but may give a general instruction on weighing credibility and state that the identification must be proven beyond a reasonable doubt by the People (see

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