Appellate Division of the Supreme Court of the State of New York February 4, 1998 (People v. Drake)

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of intentional murder in the second degree and criminal possession of a weapon in the second degree.

The contention of defendant that County Court erred in refusing to allow proof that he was misidentified in the commission of an unrelated robbery is without merit.