Opinion
June 5, 1997
Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).
The verdict was not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490). Credibility and identification issues were properly placed before the trier of fact and we find no reason to disturb its findings.
Defendant's contentions that the court improperly adjourned the matter to permit one of the witnesses to confer with the prosecutor, and improperly directed the defendants and their families to refrain from harassing the witnesses, are for appellate review ( see, People v. Yut Wai Tom, 53 N.Y.2d 44, 55-56), and we decline to review them in the interest of justice. Were we to review them, we would find that the adjournment was a proper exercise of the court's discretion in light of the witness's expression of fear ( see, People v. Branch, 83 N.Y.2d 663), and that, in this nonjury case, defendant was not prejudiced by the court's comments.
Concur — Milonas, J.P., Rosenberger, Wallach, Nardelli and Rubin, JJ.