People v. Perez

The trial court committed reversible error by denying defense counsel’s timely requests for a jury instruction on the issue of identification and in failing to furnish any identification instruction whatsoever. Where identification is an issue, as it was in this trial, a jury instruction must be given stating that the prosecution must prove the identity of the perpetrator beyond a reasonable doubt (see, People v Whalen, 59 NY2d 273, 278-279; People v Hambrick, 122 AD2d 163, 164, lv denied 69 NY2d 712; People v Beasley, 114 AD2d 415, 416, lv denied 66 NY2d 917).

The defendant testified and…