People v. Nonsky

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vaughan, J.), rendered February 24, 1992, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

On appeal, the defendant contends that the court improperly used a hypothetical in connection with its instructions on reasonable doubt relating to the witnesses’ identification of the defendant, thus constituting a direct rejection of his defense of mistaken identity, and thereby depriving him of a fair trial.

The…