People v. White

231 A.D.2d 425, 647 N.Y.S.2d 78, 1996 N.Y. App. Div. LEXIS 9332

Opinion

Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered September 2, 1994, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 71/2 to 15 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). The discrepancies in the complainant’s testimony, including those concerning his ability to see defendant’s face, were placed before the jury, whose finding of credibility is entitled to " 'great deference’ ” on appeal (People v Rodriguez, 225 AD2d 396, 397). The testimony of the defense witness merely raised credibility issues for the jury to resolve (People v Scoggins, 227 AD2d 204).

We perceive no abuse of discretion in sentencing. Concur— Murphy, P. J., Rosenberger, Wallach, Kupferman and Nardelli, JJ.