Ordered that the judgment is affirmed.
On appeal, the defendant contends that the court improperly used a hypothetical in connection with its instructions on reasonable doubt relating to the witnesses' identification of the defendant, thus constituting a direct rejection of his defense of mistaken identity, and thereby depriving him of a fair trial.
The challenge to the use of the hypothetical is unpreserved for appellate review (see, CPL 470.05 [2...
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