PEOPLE v. GARCIA

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the determinations of the jury concerning credibility and reliability of identification and alibi testimony.

The prosecutor could properly comment on summation as to the failure of defendant, who called witnesses in his defense, to call certain other significant witnesses ( People v. Tankleff, 84 N.Y.2d 992, 994).

We perceive no abuse of sentencing discretion.

Concur — Milonas, J. P., Nardelli, Williams, Tom and Andrias, JJ.