¶1—Judgment unanimously affirmed. Memorandum: The verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). The testimony of the identifying witness was not incredible as a matter of law, and it was for the trier of fact to decide whether to credit his testimony (see, People v Shedrick, 66 NY2d 1015, 1017-1018, rearg denied 67 NY2d 758; People v Murphy, 210 AD2d 886, lv denied 85 NY2d 865). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Supreme Court, Erie County, Howe, J. — Robbery, 1st Degree.) Present— Pine, J. P., Lawton, Pigott, Jr., and Callahan, JJ.
261 A.D.2d 967
People v. Early
Appellate Division of the Supreme Court of the State of New York
Decided May 7, 1999
Appellate Division of the Supreme Court of the State of New York · decided 1999-05-07
Cited by 1 later decisions — most recently April 2005
Good law ✅— No negative treatment on recordhow we know
Decided 1999-05-07
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