People v. Evans

253 A.D.2d 708, 677 N.Y.S.2d 760, 1998 N.Y. App. Div. LEXIS 9796

Opinion

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 criminal 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.