Appellate Division of the Supreme Court of New York, 1990

People v. Shaw

People v. Shaw
Appellate Division of the Supreme Court of New York · Decided December 21, 1990
168 A.D.2d 924; 566 N.Y.S.2d 558; 1990 N.Y. App. Div. LEXIS 16461
People v. Shaw

Opinion of the Court

Judgment unanimously affirmed. Memorandum: We conclude that the verdict was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Defendant did not preserve for our review his contention that the trial court committed reversible error in failing to give a more extensive identification instruction (see, People v Whalen, 59 NY2d 273, 279; People v Beasley, 114 AD2d 415) and we decline to review that issue in the interest of justice (see, CPL 470.15 [6]). Finally, we conclude that the sentence imposed was not harsh and excessive. (Appeal from judgment of Supreme Court, Erie County, Wolfgang, J.—robbery, first degree.) Present—Callahan, J. P., Denman, Green, Balio and Davis, JJ.

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