Opinion
September 17, 1992
Appeal from the Supreme Court, New York County (Richard C. Failla, J.).
Viewing the evidence in the light most favorable to the prosecution, and giving it the benefit of every reasonable inference (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 first degree. The issues raised by defendant concerning the credibility of prosecution witnesses, including the claimed inconsistencies between the complainant's testimony and the responding police officer's report, were properly placed before the jury. We find no reason on the record before us to disturb its determination. Nor are there mitigating circumstances bearing upon the manner in which the crime was committed which would warrant the imposition of a sentence concurrent with that imposed for the crime to which defendant pleaded guilty (Penal Law § 70.25 [2-b]; People v Doleo, 110 A.D.2d 524, 525-526, lv denied 65 N.Y.2d 979).
Concur — Rosenberger, J.P., Asch, Kassal and Rubin, JJ.