Majority
The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342 , 348-349 [2007]). There is no basis for disturbing the court’s determinations concerning identification and credibility. The victim made a prompt and reliable identification, which was corroborated by circumstantial evidence provided by a police officer.
The court providently exercised its discretion in drawing an adverse inference from appellant’s failure to call two witnesses who could have supported his alibi testimony (see People v Savinon, 100 NY2d 192 , 197 [2003]). Concur — Tom, J.P., Andrias, Saxe, Acosta and Freedman, JJ.
Cases cited
- People v. Danielson 9 NY3d 342 at 348-349 p. 528
- People v. Savinon 100 NY2d 192 at 197 p. 528