Opinion
June 12, 1990
Appeal from the Family Court, Bronx County (Rhoda J. Cohen, J.).
The evidence was legally sufficient to support the finding of the Family Court that appellant's guilt was proven beyond a reasonable doubt. Moreover, after independently weighing the relative probative force of the testimony of the prosecution and defense witnesses, we conclude that the verdict was not against the weight of the evidence. (People v. Bleakley, 69 N.Y.2d 490, 495.)
Appellant argues that the complainant's extensive criminal record gives rise to an implication that he put his own interests above those of society by testifying falsely. However, in this case the complainant had no interest in testifying falsely and incriminating appellant. His testimony that he recognized appellant from seeing him numerous times in the neighborhood firmly established appellant's identity as his assailant. Any discrepancies between the description he gave to the police on the night of the robbery and that given at trial were minor, and the Judge of the Family Court, who had the opportunity to hear and observe the witnesses, was fully justified in crediting the complainant's testimony over that of appellant's alibi witness.
Concur — Sullivan, J.P., Ross, Kassal, Ellerin and Wallach, JJ.