Opinion
October 4, 1994
Appeal from the Supreme Court, New York County (Frederic Berman, J.).
Viewing the evidence in the light most favorable to the People (People v. Acosta, 80 N.Y.2d 665, 672), and giving deference to the jury's finding of credibility (People v. Bleakley, 69 N.Y.2d 490, 495), we conclude that defendant's guilt was proved beyond a reasonable doubt by legally sufficient evidence, including the accomplice's testimony that defendant had been the instigator of the robbery, had switched shirts with him during the ensuing chase by the victim, and had been expected to share in the proceeds of the crime; and the complainant's testimony that defendant had verbally prevented him from leaving after his accomplice knocked the complainant to the ground, and had placed his hands on him when the men searched for his wallet.
We perceive no abuse of discretion in sentencing and have reviewed defendant's remaining claim and find it to be without merit.
Concur — Rosenberger, J.P., Wallach, Asch and Tom, JJ.