Majority
The finding 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 regarding credibility and identification. The victim testified credibly that during the robbery he could see appellant clearly, from inches away, and that the incident lasted long enough for the two to have numerous verbal exchanges. Moreover, the victim’s ability to make a reliable identification was enhanced by the fact that he had seen appellant many times before the robbery, often for long periods of time, and appellant’s challenges to this evidence are unavailing.
Concur — Gonzalez, EJ., Mazzarelli, ManzanetDaniels, Gische and Clark, JJ.
Cases cited
- People v. Danielson 9 NY3d 342 at 348-349 p. 531