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PEOPLE OF N.Y. v. BROWN

Appellate Division of the Supreme Court of New York, Fourth Department.
Nov 17, 2006
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It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of one count of burglary in the first degree (Penal Law § 140.30) and two counts of robbery in the second degree (§ 160.10 [1], [2] [a]). Contrary to defendant's contention, the verdict is not against the weight of the evidence ( see generally People v. Bleakley, 69 NY2d 490, 495 [1987]). According great deference to the jury's opportunity to "view the witnesses, hear the testimony and observe demeanor" ( id.), we conclude that the jury was entitled to credit the victim's identification testimony and to reject the alibi testimony presented by defendant. The sentence is not unduly harsh or severe.