Majority
p. 967The People of the State of New York, Respondent, v Jeff Early, Appellant. [689 NYS2d 907]
—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.
Cases cited
- People v. Bleakley 69 NY2d 490 at 495 p. 967
- People v. Shedrick 66 NY2d 1015 at 1017-1018 p. 967