Opinion
December 3, 1992
Appeal from the Supreme Court, New York County, Richard Andrias, J., Bernard M. Jackson, J.
No basis exists for this Court to disturb the hearing court's finding that the victim's identification of defendant in the street was spontaneous, a factual determination that involved the credibility of the police officer who so testified (see, People v Falciglia, 153 A.D.2d 795, affd 75 N.Y.2d 935).
Nor is there merit to defendant's claim that the victim's testimony was insufficient to sustain the People's burden of proof, this too being an issue, as defendant argues it, that concerns only the credibility of witnesses (see, People v Bleakley, 69 N.Y.2d 490, 496).
Finally, the sentence for this violent robbery was not an abuse of discretion.
Concur — Carro, J.P., Ellerin, Kupferman and Kassal, JJ.