Opinion
June 2, 1998
Appeal from the Supreme Court, New York County (Michael Corriero, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). Given the jury's credibility determinations, which we see no reason to disturb, there was ample circumstantial evidence of guilt, including evidence that defendant was apprehended while running with a cohort a short distance from the instant robbery, that he fit the general description of the perpetrators, that a victim's wallet was recovered on the ground between where defendant and one of his accomplices were laying when apprehended, and that defendant's companion was wearing a green jacket that one of victims identified as being worn by one of the perpetrators. The jury was fully justified in drawing an inference of guilt and rejecting any alternate hypothesis (see, People v. Holmes, 176 A.D.2d 495, lv denied 79 N.Y.2d 828).
Concur — Sullivan, J. P., Milonas, Rosenberger, Nardelli and Williams, JJ.