Appellate Division of the Supreme Court of New York, 2001

People v. Jouvert

People v. Jouvert
Appellate Division of the Supreme Court of New York · Decided December 6, 2001
289 A.D.2d 40; 733 N.Y.S.2d 608; 2001 N.Y. App. Div. LEXIS 11696
People v. Jouvert

Opinion of the Court

Judgment, Supreme Court, New York County (Michael Sonberg, J.), rendered November 22, 1999, convicting defendant, after a jury trial, of grand larceny in the fourth degree and criminal possession of a weapon in the fourth degree, and sentencing him to concurrent terms of 2 to 4 years and one year, respectively, unanimously affirmed.

The court properly exercised its discretion in refusing to give an expanded identification charge. The identification issue was thoroughly addressed in summation and the court properly *41instructed the jury on the People’s obligation to prove identity beyond a reasonable doubt (People v Knight, 87 NY2d 873).

We perceive no basis for reduction of sentence. Concur— Tom, J. P., Andrias, Rubin, Buckley and Friedman, JJ.

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