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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOBBY JENNINGS, Appellant.

Judgment affirmed.

The evidence presented at the trial established the defendant's guilt beyond a reasonable doubt. The responsibility for resolving any questions relating to identification and the credibility of witnesses lies with the trier of fact (see, People v Herriot, 110 A.D.2d 851). The evidence presented to the jury met the standard of proof for circumstantial evidence that it "`exclude to a moral certainty every other reasonable hypothesis'" but the defendant's guilt (People v Way, 59 N.Y.2d 361, 365, quoting from People v Bearden, 290 N.Y. 478, 480). Gibbons, J.P., Thompson, Niehoff and Rubin, JJ., concur.

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PEOPLE v. JENNINGS
(May 5, 1986)