Opinion
November 16, 1990
Appeal from the Supreme Court, Erie County, McCarthy, J.
Present — Callahan, J.P., Doerr, Denman, Green and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a conviction for robbery in the first and second degrees and criminal possession of a weapon in the second degree. Although there was conflicting evidence, the testimony of the victim was not incredible as a matter of law, and our independent review of the record discloses no reason to disturb the jury's resolution of witness credibility (see, People v. Christian, 139 A.D.2d 896, lv. denied 71 N.Y.2d 1024; see also, People v. Bleakley, 69 N.Y.2d 490, 495).
The trial court did not abuse its discretion in admitting rebuttal evidence. The victim's testimony was offered to disprove a factual version of the event that was presented by two defense witnesses and was not elicited solely to impeach the credibility of those witnesses (see, People v. Alvino, 71 N.Y.2d 233, 248). The issue concerning improper bolstering was not preserved for our review (see, CPL 470.05), and we decline to exercise our discretionary power of review (see, CPL 470.15).