Opinion
October 7, 1992
Appeal from the Supreme Court, Erie County, Rossetti, J.
Present — Callahan, J.P., Green, Pine, Boehm and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The jury's verdict is supported by the weight of the evidence. Three eyewitnesses, including the victim, observed defendant from close range in a well-lit parking lot. The witnesses identified defendant as the man who robbed the victim and recalled the color, make and license number of the car that defendant drove away from the robbery. The trier of fact is in the best position to determine credibility (see, People v Bleakley, 69 N.Y.2d 490, 495; People v Christian, 139 A.D.2d 896, lv denied 71 N.Y.2d 1024), and the jury was entitled to credit the testimony of the People's witnesses and to reject the alibi testimony of defendant, his mother and his girlfriend.
Defendant's sentence of 2 to 6 years, which is less than the maximum term permitted for robbery in the third degree (see, Penal Law § 70.00 [d]; [3] [b]), is neither harsh nor excessive.