Opinion
March 11, 1985
Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).
Judgment affirmed.
The credibility of the identification of the defendant by the complainant based upon her acquaintance with him for seven years, as opposed to defendant's alibi defense, presented a jury question. There is no basis in the record for disturbing the jury's resolution of that question. It cannot be said that, upon this record, the People failed to prove defendant's guilt beyond a reasonable doubt. The court's refusal to charge robbery in the third degree was not error as no reasonable view of this record could support a conclusion that defendant committed the robbery but did not use a firearm (CPL 300.50, [2]; People v. Blim, 63 N.Y.2d 718; People v. Glover, 57 N.Y.2d 61; People v Scarborough, 49 N.Y.2d 364; People v. Everett, 103 A.D.2d 978). O'Connor, J.P., Rubin, Lawrence and Eiber, JJ., concur.