Opinion
June 21, 2001.
Judgment, Supreme Court, Bronx County (Daniel FitzGerald, J.), rendered November 30, 1998, convicting defendant, after a jury trial, of murder in the second degree (two counts), robbery in the first and second degrees, and kidnapping in the second degree and sentencing him to concurrent terms of 25 years to life, 25 years to life, 12 1/2 to 25 years, 5 to 15 years and 8 to 25 years, unanimously affirmed.
Karen Swiger, for respondent.
Gerald Zuckerman, for defendant-appellant.
Before: Rosenberger, J.P., Williams, Tom, Andrias, Marlow, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly considered by the trier of facts and there is no basis upon which to disturb its determinations (see, People v. Gaimari, 176 N.Y. 84, 94). The jury could have reasonably concluded that even if the eyewitness had delayed in revealing defendant's identity to the police, his identification of defendant at trial was nevertheless reliable, and that the apparent discrepancies in the testimony of the People's other witness were explainable by the witness's confusion as to dates.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.