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THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. JEFF EARLY, Appellant

Judgment unanimously affirmed. Memorandum: The verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). The testimony of the identifying witness was not incredible as a matter of law, and it was for the trier of fact to decide whether to credit his testimony (see, People v. Shedrick, 66 N.Y.2d 1015, 1017-1018, rearg denied 67 N.Y.2d 758; People v. Murphy, 210 A.D.2d 886, lv denied 85 N.Y.2d 865). The sentence is neither unduly harsh nor severe.

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PEOPLE v. EARLY
(May 7, 1999)