Opinion
January 5, 1999.
Appeal from the Supreme Court, Bronx County (Barbara Newman, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490). The complainant had ample opportunity to see his assailant both before and during the crime and spontaneously pointed out defendant to the police minutes later, and the complainant's failure to identify defendant three years later at trial did not affect the sufficiency of the evidence. We see no reason to disturb the jury's determinations concerning identification.
Concur — Ellerin, J.P., Nardelli, Wallach and Rubin, JJ.