Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARREN STAPLES, Appellant. ¶ Judgment affirmed. ¶ At trial, the victim made a positive identification of the defendant as the person who attempted to rob him at gunpoint on December 27, 1980. The defendant did not testify but presented four alibi witnesses. ¶ Although the trial court's charge to the jury was improper in that it instructed the jury to most carefully scrutinize the evidence relating to the alibi without giving a like charge with respect to identification (see People v. Fludd, 68 A.D.2d 409; People v. Reed, 83 A.D.2d 645; People v. Costales, 87 A.D.2d 635; People v. Cippola, 96 A.D.2d 1102), the error was not preserved for appellate review and it was, in any event, harmless in view of the overwhelming proof of guilt (see People v. Crimmins, 36 N.Y.2d 230). We note that the court did, in fact, give an "elaborate charge as to identification testimony [which] must have impressed upon the jury the need of carefully scrutinizing that testimony too" ( People v. Contes, 91 A.D.2d 562, 563, affd 60 N.Y.2d 620). We have reviewed defendant's other contentions and find them to be without merit. Bracken, J.P., Weinstein, Brown and Niehoff, JJ., concur.