People v. Seals

Judgment unanimously affirmed. Memorandum: Under the circumstances of this case, the court’s refusal to charge that the People had the burden of proving the identification of defendant beyond a reasonable doubt does not require reversal. Although it might have been preferable for the court to have granted defendant’s request, the court’s charge clearly conveyed to the jury the correct principles of law. Unlike the circumstances in People v Perez (140 AD2d 461, 462) and People v Hambrick (122 AD2d 163, 164, lv denied 69 NY2d 712), the identification testimony in this case was strong and…