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People v. White

231 A.D.2d 425 Court N.Y. App. Div. Decision date 1996-09-17 English

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p. 425
The People of the State of New York, Respondent, v Joseph White, Appellant.
[647 NYS2d 78]

Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered September 2, 1994, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 71/2 to 15 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490 ). The discrepancies in the complainant’s testimony, including those concerning his ability to see defendant’s face, were placed before the jury, whose finding of credibility is entitled to " 'great deference’ ” on appeal (People v Rodriguez, 225 AD2d 396 , 397). The testimony of the defense witness merely raised credibility issues for the jury to resolve (People v Scoggins, 227 AD2d 204 ).

We perceive no abuse of discretion in sentencing. Concur— Murphy, P. J., Rosenberger, Wallach, Kupferman and Nardelli, JJ.

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