Opinion
November 3, 1994
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
Viewing the evidence in a light most favorable to the prosecution, and giving it the benefit of every reasonable inference (see, People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), we find that the evidence was sufficient as a matter of law to support the verdict finding defendant guilty beyond a reasonable doubt of robbery in the second degree. Further, upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490). The issues raised by defendant concerning the credibility of prosecution witnesses, including those that arose from testimony concerning defendant's use of force in a contemporaneous effort to retain stolen goods (see, e.g., People v. White, 160 A.D.2d 970, lv denied 76 N.Y.2d 798), were properly placed before the jury and we find no reason on the record before us to disturb its determination.
Concur — Ellerin, J.P., Rubin, Nardelli and Williams, JJ.