Opinion
3199.
Decided May 4, 2004.
Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered December 16, 1999, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Lara R. Binimow of counsel), for respondent.
Before: Tom, J.P., Andrias, Ellerin, Gonzalez, JJ.
The verdict was not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490, 495). There is no basis for disturbing the jury's determinations concerning credibility and identification. The eyewitness credibly explained her prior inconsistent statements, which were generally the products of fear and intimidation.
We perceive no basis for reducing the sentence.