Opinion
November 13, 1990
Appeal from the County Court, Westchester County (Carey, J.).
Ordered that the judgment is affirmed.
The defendant contends that the People failed to prove his identity as one of the robbers beyond a reasonable doubt. Viewing the evidence adduced at trial in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The accuracy of an eyewitness's identification is a question for the jury to assess (People v. Joyiens, 39 N.Y.2d 197, 203; People v. Tugwell, 114 A.D.2d 869, 871). Further, there was evidence from the defendant himself linking the defendant to the crime.
Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15). Sullivan, J.P., Rosenblatt, Miller and Ritter, JJ., concur.