Opinion
December 8, 1992
Appeal from the Supreme Court, Bronx County, Ivan Warner, J.
Defendant was charged with two robberies, committed on January 22 and February 10, 1988, at ice cream parlors in Bronx County. One employee from each store identified defendant in a lineup held February 22, 1988. Defendant now argues that the identification testimony underlying both robberies was uncertain, based upon inconsistencies in the testimony as to defendant's appearance at the time of the robbery. In view of the fact that each witness unhesitantly identified defendant in a lineup, and since the various inconsistencies in the evidence were fully presented and argued to the jury, the discrepancies merely raised an issue for the jury to resolve (People v DeJesus, 177 A.D.2d 434, lv denied 79 N.Y.2d 919).
Lastly, we find that defendant was properly sentenced (People v Farrar, 52 N.Y.2d 302).
Concur — Sullivan, J.P., Milonas, Kupferman and Ross, JJ.