While the majority highlights that the trial jury did not find this way, our weight of the evidence review empowers us to perform a "de novo review of the evidence." (People v Diaz, 115 AD3d 498, 500 [1st Dept 2014]). Thus, we are not tethered to the jury's interpretation of the facts.

Accordingly, the complainant's mental, physical, and emotional state during and after his observation of this attacker supports the conclusion that the circumstances of the assault "negatively affect[ed] the reliability of his identification of ... defendant" (Bailey, 102 A.D.3d at 703, 958 N.Y.S.2d 173 ). While the majority highlights that the trial jury did not find this way, our weight of the evidence review empowers us to perform a "de novo review of the evidence." (People v. Diaz, 115 A.D.3d 498, 500, 982 N.Y.S.2d 445 [1st Dept.2014] ). Thus, we are not tethered to the jury's interpretation of the facts.