Opinion
(1160) KA 99-05209.
September 28, 2001.
(Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Robbery, 3rd Degree.)
PRESENT: PINE, J.P., HAYES, HURLBUTT, BURNS AND GORSKI, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of robbery in the third degree (Penal Law § 160.05) and criminal possession of stolen property in the fifth degree (Penal Law § 165.40). We reject his contention that the verdict is against the weight of the evidence. "Great deference is to be accorded to the fact-finder's resolution of credibility issues based upon its superior vantage point and its opportunity to view witnesses, observe demeanor and hear the testimony" ( People v. Valencia, 263 A.D.2d 874, 876, lv denied 94 N.Y.2d 799; see, People v. Bleakley, 69 N.Y.2d 490, 495). The sentence is neither unduly harsh nor severe.