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THE PEOPLE, ETC., respondent, v. MICHAEL JACKSON, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the showup identification procedure was not unduly suggestive ( see People v. Ponce de Leon, 291 A.D.2d 415; People v. Serrano, 219 A.D.2d 508, 509; People v. Yearwood, 197 A.D.2d 554).

The court providently exercised its discretion in denying the defendant's request to call the complaining witness to testify at the pretrial hearing, since no substantial issues as to the constitutionality of the identification were raised, the People's evidence was not notably incomplete, and the defendant did not otherwise establish a need for the witness's testimony ( see People v. Scott, 290 A.D.2d 522; People v. Padilla, 219 A.D.2d 688).

Under the circumstances presented, the court properly refused to excuse two prospective jurors for cause, as both indicated that they would be able to follow the law as provided by the court ( see People v. Rudolph, 266 A.D.2d 568, 568-569; People v. Archer, 210 A.D.2d 241; People v. Lee, 193 A.D.2d 759, 760).

Since the defendant failed to join in or adopt his jointly-tried codefendant's objection with respect to the court's charge to the jury on accomplice liability, and did not raise his own objection, the defendant failed to preserve his claim regarding any alleged error in this part of the court's charge to the jury ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Buckley, 75 N.Y.2d 843). In any event, upon reviewing the court's charge as a whole, it sufficiently conveyed to the jury the principles and applicability of accomplice liability ( see People v. Slacks, 90 N.Y.2d 850; People v. Andujas, 79 N.Y.2d 113, 118; People v. Leach, 293 A.D.2d 760, 761).

SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.

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PEOPLE v. JACKSON
(May 24, 2004)