Opinion
December 14, 1993
Appeal from the Supreme Court, Bronx County (Edward Davidowitz, J.).
Viewing the evidence in a light most favorable to the prosecution (People v Contes, 60 N.Y.2d 620), we find it was legally sufficient to establish defendant's guilt beyond a reasonable doubt. Nor was the verdict against the weight of the credible evidence (People v Bleakley, 69 N.Y.2d 490). There was evidence that defendant placed a revolver at the victim's neck, snatched her gold chains, and punched her in the chest (Penal Law § 160.15, 160.10 Penal). Whether the victim's testimony was credible in light of her failure to mention defendant's name to police immediately after the incident, although she knew him, was for the jury to determine (People v Mosley, 112 A.D.2d 812, 814, affd 67 N.Y.2d 985).
Concur — Ellerin, J.P., Kupferman, Rubin and Nardelli, JJ.