People v. Pena

Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered November 20, 1991, convicting defendant, after a jury trial, of robbery in the first degree and reckless endangerment in the first degree, and sentencing him, as a second felony offender, to consecutive terms of 12 Vi to 25 years and 3 Vi to 7 years, respectively, unanimously affirmed.

Defendant’s contention that the court’s charge diminished the People’s burden of proof by including an expanded identification charge only as to the assault and reckless endangerment counts and not as to the robbery counts, and by…