Opinion
March 10, 1986
Appeal from the Supreme Court, Queens County (O'Dwyer, J.).
Judgment affirmed.
The defendant was convicted of the rape, sodomy and sexual abuse of a 13-year-old girl. His claim that the victim's eyewitness testimony was insufficient to convict him beyond a reasonable doubt is without merit. It is clear that the testimony was highly reliable. The defendant was identified by both the victim and her mother from a photo array just two days after the incident. Moreover, he was again identified at a Wade hearing and then again at a trial by both women. Due to the horrifying circumstances of the attack, it is clear that the victim's attention was clearly focused on the defendant and there was ample time and good light during the attack. Moreover, the descriptions given by the victim and her mother were remarkably consistent and accurate. Under the circumstances, viewing the evidence in the light most favorable to the People, it is clear that the testimony of both eyewitnesses was credible (see, People v. Contes, 60 N.Y.2d 620). It is well settled that the accuracy of an eyewitness identification presents an issue of fact for the jury (see, People v. Dukes, 97 A.D.2d 445). Here the jury observed and heard all the testimony and found that the People had met their burden of proving the defendant guilty beyond a reasonable doubt.
Finally, sentencing is a matter resting within the sentencing court's sound discretion (see, People v. Farrar, 52 N.Y.2d 302). In the instant case the sentence imposed cannot be termed excessive and will not be disturbed (see, People v. Suitte, 90 A.D.2d 80). Bracken, J.P., Niehoff, Rubin and Lawrence, JJ., concur.