Opinion
October 2, 1997
Appeal from Supreme Court, Bronx County (Martin Marcus, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues concerning the reliability of identification testimony were properly presented to the jury and we see no reason to disturb its findings. Defendant's application for waiver of the mandatory surcharge is premature so long as defendant is still serving the term of imprisonment ( People v. Ramirez, 208 A.D.2d 381, lv denied 84 N.Y.2d 1037).
Concur — Sullivan, J.P., Ellerin, Williams, Tom and Colabella, JJ.