People v. Evans — 253 A.D.2d 708

Majority

p. 708

The People of the State of New York, Respondent, v Eric Evans, Appellant.

[677 NYS2d 760]

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered February 1, 1995, convicting defendant, after a jury trial, of robbery in the first degree, robbery in the second degree, and crim

p. 709

inal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 9 to 18 years, 7 to 14 years, and 7 to 14 years, respectively, unanimously affirmed.

The verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490 , 495). We see no reason to disturb the jury’s determinations as to credibility and reliability of identification testimony.

The court properly exercised its discretion in conducting a Sandoval hearing upon retrial. The prior court’s Sandoval ruling, involving admissibility of evidence “based upon an evidentiary principle”, was not binding on the retrial (People v Nieves, 67 NY2d 125 , 136).

We have reviewed defendant’s remaining contentions, including those contained in his pro se supplemental brief, and find them to be unpersuasive. Concur — Milonas, J. P., Rosenberger, Ellerin, Wallach and Williams, JJ.

Cases cited

People v. Bleakley 69 NY2d 490 N.Y. 1987-05-07 at 495 p. 709
People v. Nieves 67 NY2d 125 N.Y. 1986-03-25 at 136 p. 709