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People v. Bailey

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1987
134 A.D.2d 356 (N.Y. App. Div. 1987)

Opinion

November 9, 1987

Appeal from the Supreme Court, Kings County (Kay, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that the evidence was legally sufficient to establish every element of the crimes for which the defendant stands convicted (see, People v. Contes, supra; Penal Law § 160.15).

We note that the identification witness had ample opportunity to observe the defendant under well-lighted conditions at the outset and during the course of the 20-minute robbery. We also note that the defendant's alibi evidence included inconsistencies and that the issue of credibility of all of the witnesses and the weight to be accorded any inconsistencies in the testimony of the alibi witnesses is generally within the province of the trier of fact (cf., People v. Di Girolamo, 108 A.D.2d 755, lv denied 64 N.Y.2d 1133). Upon the exercise of our factual review power we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15).

We find the sentence imposed to be neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80). Niehoff, J.P., Eiber, Kunzeman and Harwood, JJ., concur.


Summaries of

People v. Bailey

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1987
134 A.D.2d 356 (N.Y. App. Div. 1987)
Case details for

People v. Bailey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL BAILEY, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 9, 1987

Citations

134 A.D.2d 356 (N.Y. App. Div. 1987)

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