Opinion
No. 1314 KA 04-02290.
November 17, 2006.
Appeal from a judgment of the Supreme Court, Erie County (Ronald H. Tills, A. J.), rendered September 27, 2004. The judgment convicted defendant, upon a jury verdict, of burglary in the first degree and robbery in the second degree (two counts).
Before: Present — Hurlbutt, A.P.J., Kehoe, Smith and Green, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him after a jury trial of one count of burglary in the first degree (Penal Law § 140.30) and two counts of robbery in the second degree (§ 160.10 [1], [2] [a]). Contrary to defendant's contention, the verdict is not against the weight of the evidence ( see generally People v. Bleakley, 69 NY2d 490, 495 [1987]). According great deference to the jury's opportunity to "view the witnesses, hear the testimony and observe demeanor" ( id.), we conclude that the jury was entitled to credit the victim's identification testimony and to reject the alibi testimony presented by defendant. The sentence is not unduly harsh or severe.