| People v Davis |
| 2013 NY Slip Op 01909 [104 AD3d 559] |
| March 21, 2013 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Tyrone Davis, Appellant. |
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Cyrus R. Vance, Jr., District Attorney, New York (Ellen Stanfield Friedman of
counsel), for respondent.
Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered
December 22, 2010, as amended January 11, 2011, convicting defendant, after a jury
trial, of robbery in the third degree, and sentencing him to a term of 2
Nothing in the court's identification charge warrants reversal. When defendant raised several objections to that charge, the court delivered a supplemental charge that addressed those concerns, and defendant had no further objections or requests to charge. Accordingly, defendant did not preserve his claim that the identification charge, as amended by the supplemental instructions, deprived him of a fair trial (see People v Whalen, 59 NY2d 273, 280 [1983]), and we decline to review it in the interest of justice. As an alternative holding, we find the court's main and supplemental identification instructions, considered as a whole, sufficiently conveyed to the jury the applicable principles of law (id. at 279).
We have reviewed all other issues and find them to be without merit. Concur—Tom, J.P., Mazzarelli, Saxe, Moskowitz and Manzanet-Daniels, JJ.