Judgment, Supreme Court, New York County (Allen Murray Myers, J.), rendered August 31, 1988, convicting defendant of criminal sale of a controlled substance in the fifth degree and criminal possession of a controlled substance in the fifth degree and sentencing him to two concurrent indeterminate prison terms of 3 to 6 years’ incarceration, unanimously reversed, on the law, the facts and as a matter of discretion in the interest of justice and the matter remanded for a new trial.
In the case at bar, the court marshaled the evidence in a prejudicial and uneven manner, improperly favoring the Peo
Furthermore, in charging the jury regarding identification, the court provided an illustration which improperly bolstered the testimony of the People’s witnesses. (See, People v Hall, supra; People v Roman, supra; People v Lane, 143 AD2d 581, 582 [1988].) Finally, in this case where the defense presented no evidence at trial, the court’s reasonable doubt charge included the remark "you must review all of the evidence in this case, accepting that which you believe to be truthful and rejecting that which you believe to be false, if indeed you believe that any of it is false” (emphasis added). This diminution of the People’s duty to prove defendant guilty beyond a reasonable doubt constituted error. (People v Roman, supra, 149 AD2d 305, 306.)
Because these errors served to deprive defendant of his constitutional right to a fair trial, we reverse and remand for a new trial. Concur — Kupferman, J. P., Carro, Milonas, Wallach and Smith, JJ.