Ordered that the judgment is affirmed.
The defendant's contention that the trial court erred by failing to give the jury an expanded identification charge is without merit. Under the facts of this case, the trial court's instructions to the jury regarding the identification of the defendant, which included the factors to be considered in evaluating the witnesses' credibility and the prosecution's burden of proving identity beyond a reasonable doubt, were proper (see, People v Whalen, 59 N.Y.2d 273; People v Syshawn, 200 A.D.2d 778; People v Boykin, 197 A.D.2d 585).
The defendant's contention that the sentencing court should have waived the mandatory surcharge is premature at this time (see, People v Burke, 204 A.D.2d 345).
We have reviewed the defendant's remaining contentions and find them to be without merit. Sullivan, J.P., O'Brien, Thompson and Hart, JJ., concur.