Opinion
December 4, 1997
Appeal from the Supreme Court, Bronx County (John Collins, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues concerning the reliability of identification evidence were properly presented to the jury and we see no reason to disturb its findings. Defendant's acquittal of certain counts does not undermine the sufficiency and weight of the evidence supporting the counts upon which he was convicted.
Defendant's suppression motion was properly denied. We see no reason to disturb the court's credibility determinations, which are supported by the record ( see, People v. Prochilo, 41 N.Y.2d 759, 761). Given these determinations, we conclude that the People established the voluntariness of the confession beyond a reasonable doubt.
Nothing in the record suggests that the sentence was based on any impermissible criteria, and we perceive no abuse of sentencing discretion.
Concur — Murphy, P.J., Sullivan, Tom, Mazzarelli and Colabella, JJ.