People v. McNeill
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered December 19, 1984, convicting him of attempted robbery in the first degree, assault in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Vinik, J.), of that branch of the defendant’s omnibus motion which was to suppress certain identification evidence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contentions, the hearing court properly determined that the identifications made by the complaining witnesses were merely confirmatory in nature, since both men knew the defendant prior to the commission of the instant crimes (see, People v Johnson, 124 AD2d 748; People v Fleming, 109 AD2d 848; see also, People v Tas, 51 NY2d 915; People v Gissendanner, 48 NY2d 543; People v Hooper, 112 AD2d 317; People v Vargas, 118 Misc 2d 477, 481). Notably, the complainant Bikramdit Appana testified that he had observed the defendant in the neighborhood on approximately 40 different occasions, while the complainant Jagat
Reviewing the record in the light most favorable to the People, and bearing in mind that the issues of credibility, reliability and the weight to be given to the evidence are primarily for the jury, the evidence is sufficient to support the verdict (see, People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932; People v Contes, 60 NY2d 620; People v Gruttola, 43 NY2d 116). We note that it is within the province of the jury to resolve questions of credibility involving the accuracy of an eyewitness identification (see, People v Batts, 111 AD2d 761, 762; People v Herriot, 110 AD2d 851).
Finally, we decline to disturb the sentence imposed upon the defendant which, under the circumstances, was neither unduly harsh nor excessive. Lawrence, J. P., Weinstein, Kunzeman and Kooper, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.