People v. Early
This text of 261 A.D.2d 967 (People v. Early) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
—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.
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Cite This Page — Counsel Stack
261 A.D.2d 967, 689 N.Y.S.2d 907, 1999 N.Y. App. Div. LEXIS 5092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-early-nyappdiv-1999.