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87 N.Y.2d 873

662 N.E.2d 256

People v. Knight

New York Court of Appeals

Decided December 27, 1995

New York Court of Appeals · decided 1995-12-27

Key passage — most relied on by later courts

“little possibility that the failure to expand the charge on identification infected the trial with error”

quoted by 1 later decision, including People v. Boone

“[t]he court's charge was a correct statement of the law”

quoted by 1 later decision, including People v. Boone

Good law ✅— No negative treatment on recordhow we know

Decided 1995-12-27

How this case has been cited

Cited by 10 later decisions — most recently December 2017

4 state decisions

60199520002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1OPINION OF THE COURT

¶2Memorandum.

¶3The order of the Appellate Division should be affirmed.

¶4*874Defendant has been convicted of criminal sale of a controlled substance in the third degree as a result of selling crack cocaine to an undercover police officer. The prosecution’s case consisted of testimony of the undercover and arresting officers. The undercover testified that after he purchased the drugs from defendant he radioed the location and descriptions of defendant and his accomplices to the backup team and within minutes was notified that arrests had been made. The undercover then drove by the arrest scene and confirmed that the individuals arrested were in fact the individuals from whom he purchased narcotics.

¶5The arresting officer testified that within minutes after receiving descriptions of defendant and two accomplices they located the individuals matching the descriptions at the location indicated by the undercover and placed them under arrest. At the time of the arrest, defendant had the prerecorded buy money used by the undercover officer in his possession.

¶6The defense was mistaken identity and defendant attempted to establish it by cross-examination of the two police officers. He did not call any witnesses.

¶7At the conclusion of the trial the Trial Judge charged the jury that to convict the defendant, the People had to prove "each and every” element of the crimes charged beyond a reasonable doubt, and that if the jury was satisfied the People had done so, it could find defendant guilty. It also instructed the jury fully on its duty to determine the credibility of the witnesses. Defense counsel objected to the charge, contending that the court had erred in failing to give an expanded charge specifically instructing the jury that the identification of the defendant had to be proven beyond a reasonable doubt.

¶8In People v Whalen (59 NY2d 273, 279), we considered a similar claim and stated that although an expanded identification charge was the "better practice”, particularly when, as there, an alibi defense was presented, the failure to so charge did not constitute reversible error. Whether the charge is appropriate in an individual case is, we said, a matter for the Trial Judge’s discretion.

¶9Contrary to the assertion of defendant here, the jury was not led to believe that mistaken identification was not an issue in this case. The court’s charge was a correct statement of the law which sufficiently apprised the jury that the reasonable doubt standard applied to identification (see, People v Perez, 77 NY2d 928; People v Newton, 46 NY2d 877, 879). Moreover, *875when evaluated against the background of all the evidence presented, there is little possibility that the failure to expand the charge on identification infected the trial with error (see, People v Andujas, 79 NY2d 113, 118).

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