PEOPLE v. LOVE


244 A.D.2d 431 (1997)

664 N.Y.S.2d 91

The People of the State of New York, Respondent, v. Stokely Love, Appellant

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

November 10, 1997


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not improvidently exercise its discretion in refusing his request for an expanded identification charge. Although it is better practice for a court to administer an expanded identification charge when there is a close question of identity, the failure to so charge does not constitute reversible error per se (see, People v Whalen, 59 N.Y...

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