People v. Early

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. JEFF EARLY, Appellant

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

Date published: May 7, 1999

261 A.D.2d 967 (N.Y. App. Div. 1999)

689 N.Y.S.2d 907

Opinion

May 7, 1999

Appeal from Judgment of Supreme Court, Erie County, Howe, J. — Robbery, 1st Degree.

Present — Pine, J. P., Lawton, Pigott, Jr., and Callahan, JJ.,

Judgment unanimously affirmed. Memorandum: The verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). The testimony of the identifying witness was not incredible as a matter of law, and it was for the trier of fact to decide whether to credit his testimony (see, People v. Shedrick, 66 N.Y.2d 1015, 1017-1018, rearg denied 67 N.Y.2d 758; People v. Murphy, 210 A.D.2d 886, lv denied 85 N.Y.2d 865). The sentence is neither unduly harsh nor severe.