Appellate Division of the Supreme Court of New York, 2003

People v. Banks

People v. Banks
Appellate Division of the Supreme Court of New York · Decided March 4, 2003
303 A.D.2d 159; 754 N.Y.S.2d 880; 2003 N.Y. App. Div. LEXIS 1966
People v. Banks

Opinion of the Court

Judgment, Supreme Court, Bronx County (Troy Webber, J.), rendered May 3, 2001, convicting defendant, after a nonjury trial, of petit larceny, and sentencing him to three years’ probation, unanimously affirmed.

The verdict was not against the weight of the evidence. Issues concerning the reliability of the identification, including the accuracy of the victim’s description, were properly consid*160ered by the court and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). Concur — Andrias, J.P., Saxe, Rosenberger, Williams and Gonzalez, JJ.

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