This appeal involves a rape and robbery in which a cross-racial identification was made of defendant as the perpetrator seven months after the offenses occurred. The identification of the perpetrator was the critical issue throughout the trial. The trial court denied defendants request to have the jury instructed concerning the cross-racial nature of the identification. A majority in the Appellate Division agreed with the trial court. Judge Shebell Dissented, concluding that a reversal was warranted because the trial court should have given such a charge.
