Opinion
March 24, 1998
Appeal from the Supreme Court, Bronx County (Vincent Vitale, J.).
The verdict was based on legally sufficient evidence and was not against the weight of evidence. We see no reason to disturb the jury's credibility determination that the complainant, notwithstanding his offering of some resistance to the robbery, subjectively believed ( see, People v. Baskerville, 60 N.Y.2d 374, 380) the codefendant to be armed with a pistol aimed through his pocket ( see, People v. Mercado, 148 A.D.2d 365, 366, lv denied 73 N.Y.2d 1018). We have reviewed defendant's remaining arguments and find them to be without merit.