Opinion
December 8, 1986
Appeal from the Supreme Court, Kings County (Egitto, J.).
Ordered that the judgment is affirmed.
Questions relating to the issue of identification and the credibility of the witnesses lie with the trier of fact (see, e.g., People v. Batts, 111 A.D.2d 761, 762; People v. Herriot, 110 A.D.2d 851, 852), and the evidence, when viewed in the light most favorable to the prosecution, clearly established the defendant's identity beyond a reasonable doubt (see, People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932).
The defendant's sentence was not excessive. On the facts of this case, it was proper for the defendant to receive consecutive sentences for the two attempted murder convictions (see, People v. Brathwaite, 63 N.Y.2d 839).
The defendant's remaining contentions are either unpreserved or without merit. Niehoff, J.P., Rubin, Eiber and Kunzeman, JJ., concur.