People v. Woods

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of one count of unauthorized use of a motor vehicle in the second degree (Penal Law § 165.06). He contends that the trial court improperly denied his motion for *902a mistrial and that an expanded identification charge should have been given based on testimony concerning a showup identification of defendant. In addition, defendant contends that his sentence is harsh and excessive.

Defendant was charged, inter alia, with criminal possession of stolen property in the fifth degree (Penal Law § 165.40). He was…