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PEOPLE v. TAVAREZ

55 A.D.3d 932 (2008)

865 N.Y.S.2d 572

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL TAVAREZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 28, 2008.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not err in declining to issue an expanded identification charge. The identification charge, as given, accurately stated the law (see People v Whalen, 59 N.Y.2d 273, 279 [1983]; People v Rivera, 259 A.D.2d 637, 637-638 [1999]).

The defendant's contention that certain police testimony...

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