People v. Perez

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We conclude that the trial court did not err in failing to grant defendant’s request for an expanded charge on the evaluation of the identification evidence. Although we deem it "the better practice * * * to grant a defendant’s request and give the expanded charge” when appropriate (People v Whalen, 59 NY2d 273, 279), such a charge was not required in this case. It cannot be said that this case involved a "close question of identity” (id., at 278). The evidence of defendant’s identity included the testimony…