Opinion
March 13, 1990
Appeal from the Supreme Court, Bronx County (Fred W. Eggert, J.).
Contrary to defendant's contention, guilt was proven beyond a reasonable doubt by the complainant's unequivocal identification (People v Johnson, 57 N.Y.2d 969). The elderly complainant knew defendant by name as a result of daily deliveries to her apartment and prior discussions with him regarding his family circumstances. Any minor inconsistencies in complainant's testimony have little or no relevance to the issue of identification and were matters for the jury, which is the sole judge of credibility (People v Samuels, 68 A.D.2d 663 [1st Dept 1979], affd 50 N.Y.2d 1035, cert denied 449 U.S. 984). Nor is there any showing that the court abused its discretion in the imposition of sentence (People v Junco, 43 A.D.2d 266 [1st Dept 1974], affd 35 N.Y.2d 419, cert denied 421 U.S. 951).
Concur — Sullivan, J.P., Milonas, Rosenberger and Smith, JJ.