Opinion
October 1, 1992
Appeal from the Supreme Court, Bronx County (Joseph A. Cerbone, J.).
Viewing the evidence in the light most favorable to the People, with due deference to the jury's resolution of the issues regarding credibility (People v Cruz, 173 A.D.2d 320), we find the evidence sufficient to support the verdict. The complaining witness had some familiarity with the appearance of the defendant before the incident occurred, and had ample opportunity to observe the defendant both during the incident and after. We reject the defendant's theoretical attack on the unreliability of eyewitness testimony.
Concur — Sullivan, J.P., Carro, Asch and Rubin, JJ.