People v. Ruiz

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Without more, in the circumstances revealed by this record we cannot say as a matter of law that the trial court abused its discretion when it denied the defendant’s request for a lineup made at a time when, some five months after the initial indentification, it is not disputed the defendant presented a somewhat altered appearance.

As to appellant’s contention that, despite an otherwise unobjectionable charge on the burden of proof, the Trial Judge should have granted the request that the jury be instructed…